I was upset with the editorial and was provided with the opportunity to provide my perspectives in an Op-Ed piece.

The editorial to which I responded was entitled:

EDITORIAL: The ‘race’ to be the face of intolerance

Here is the link to the editorial:

http://www.loudountimes.com/index.php/news/editorial/the_race_to_be_the_face_of_intolerance789/

The Founding Fathers of our nation understood the extreme importance of honest discussion and debate based on accurate information. The concept behind the First Amendment of the Constitution is the freedom of our ability to articulate our ideas freely. That amendment also established the freedom to assemble peaceably so that the citizens of our nation could have ample opportunities to conduct peaceful meetings to exchange ideas. This is at the heart of our Democratic processes.

In the days of the founding of this great nation the citizens tended to meet in school houses, churches and synagogues and in people’s homes. On a warm afternoon, perhaps our nation’s citizens met under a broad shade tree. Today in addition to those “low tech” meeting places we also meet on the internet, on talk radio programs broadcast across our nation via the airways and via the internet. We can also use newspapers as a medium through which we can also provide our perspectives to our fellow Americans.

Those of us who are fortunate enough to live in a country where the citizens are afforded these opportunities must not see them simply being rights or privileges but must see them as an obligation we bear to protect our way of life and preserve it for our children and their children. We must seek to be the best citizens we can be to also honor the incredible and awesome sacrifices of our men and women in the military who have gone in harm’s and all too often making the ultimate sacrifice or returning home with permanent physical and/or emotional scars. The same sorts of sacrifices are also made by our men and women in law enforcement and those who serve their communities as firefighters.

Therefore I urge you to also seek to respond to editorials and news reports by writing to the newspapers as I have done in this instance.

We the People, throughout this nation must seek opportunities to make it clear to our political “representatives” that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels and members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler-

The news report I have linked here appeared in the Saturday, July 24, 2010 edition of the Houston Chronicle and is important for a couple of reasons.

Let me start out by telling you that the issue of immigration fraud is almost never reported on in the news media and is utterly ignored in any discussion about “Comprehensive Immigration Reform.”

Immigration fraud comes in two general categories- documents and schemes.

The news report details how special agents of ICE (Immigration and Customs Enforcement) executed warrants relating to individuals who were involved in an apparent criminal enterprise to create and then, presumably, sell counterfeit or altered identity documents. Such documents, depending on their quality, can be highly valued by illegal aliens and criminals who are seeking to conceal their true identities and create the illusion of credibility they lack without those documents.

These documents may actually use the true names, dates of birth, Social Security numbers of actual people who may or may not be deceased. This is one of the incentives for what has become the fastest growing white collar crime in the United States today- identity theft. (Anyone who has been the victim of identity theft will readily confirm that this crime is absolutely not a “victimless” crime!)

Illegal aliens who seek unlawful employment often use false identity documents in order to enable them to seek employment even when a dutiful employer attempts to comply with the immigration laws and properly complete Form I-9. Some aliens, however, and even United States citizens have something far more sinister in mind when they purchase fraudulent identity documents- they use a change in identity the way that a chameleon uses changes in coloration as a form of camouflage to enable them to “hide in plain sight.”

It is especially because of this concern that the news report ended with the sentence that contained the quote:
Feinberg said document fraud is an agency priority because it could potentially involve a “national security vulnerability” if someone who is a “high threat” assumes a false identity.

The 9/11 Commission and the 9/11 Commission Staff Report on Terrorist Travel made numerous references to how false identity documents aided the terrorists who so savagely attacked our nation on September 11, 2001.

Here is the link to the 9/11 Commission Staff Report on Terrorist Travel:

http://www.9-11commission.gov/staff_statements/911_TerrTrav_Monograph.pdf

Document fraud can also be used to facilitate fraud schemes by making it appear an alien has an advanced education or other skills and licenses to enable him (her) to apply for various forms of visas.

As for the issue of schemes, an easy to grasp example would be the alien who engages in a marriage of convenience or marriage fraud. In this situation the alien generally marries the United States citizen or resident alien who files and application for him (her) to acquire lawful immigrant (resident alien) status that puts the alien on the pathway to United States citizenship.

In 1973 (more years ago than I would like to contemplate) when I was an Immigration Inspector I was offered the opportunity to accept a temporary assignment as an Examiner, a position that is now referred to as an “Adjudications Officer” to adjudicate applications for residency based on marriage. The New York District Office of the INS was creating a pilot program to try to uncover marriage fraud rings and also to deter aliens from attempting to game the immigration bureaucracy.

I agreed to this assignment that lasted for about one year. My colleagues and I encountered many instances of marriage fraud.

Our methodology was quite simple- we interviewed the husband and wife separately and looked for inconsistencies that would tip us off that the loving couple was not really a loving couple but had entered into a criminal conspiracy.

In some instances the “couple” would admit to having attempted to cheat the system when they were confronted with the huge disparities in the answers they each gave to the questions we asked. In some cases they hung tough and a field investigation was conducted by INS investigators who were assigned to the Frauds Unit.

I uncovered a fraud ring that was run by an attorney who specialized in hooking up Chinese ship-jumpers with hookers! They did not speak a common language but unlike the saying, “Love conquers all” in this case you could say that “The price was right!” (Until the lawyer was arrested along with his clients.) This case resulted in my first appearance in federal court as a witness.

A couple of years later when I became a Criminal Investigator (Special Agent) I was assigned to the Frauds Unit and caught many of the cases my former colleagues in the adjudications program referred to the Investigations Branch. This provided me with the relatively rare perspective of having worked on both sides of the fraud equation.

On May 20, 1997 I was called to testify before what would be my first of many Congressional hearings. This hearing was entitled:

“VISA FRAUD AND IMMIGRATION BENEFITS APPLICATION FRAUD”

House of Representatives, Subcommittee on Immigration and Claims, Committee on the Judiciary,
Washington, DC

The predication for this hearing were the terrorist attacks of 1993 that were committed at the CIA in January of 1993 by a citizen of Pakistan who had acquired political asylum through fraud (lying on his application) and the first bombing of the World Trade Center in February of 1993.

Here is a link to the transcript of that hearing:

http://commdocs.house.gov/committees/judiciary/hju44195.000/hju44195_0f.htm

Roughly six years ago I was contacted by the then Ranking Democrat on the House Subcommittee on Immigration Border Security and Claims, Sheila Jackson Lee and asked to testify at a hearing entitled:

“PUSHING THE BORDER OUT ON ALIEN SMUGGLING: NEW TOOLS AND INTELLIGENCE INITIATIVES”

HEARING BEFORE THE SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY, AND CLAIMS OF THE COMMITTEE ON THE JUDICIARY- HOUSE OF REPRESENTATIVES

Here is the link to the transcript of that hearing:

http://commdocs.house.gov/committees/judiciary/hju93716.000/hju93716_0f.htm

In my discussions with Ms Jackson Lee and her counsel, I made what I believed was a strong case for not only looking at traditional alien smuggling but to also consider document fraud and fraud schemes as a component of alien smuggling.

Clearly our government has been provided with ample opportunities to come to understand just how dangerous immigration fraud is to national security.

Certainly I commend the agents who participated in the investigation in the case noted in the newspaper article but here is the real problem- ICE has far too few special agents and USCIS (United States Citizenship and Immigration Services) the division of DHS charged with adjudicating the applications for all sorts of immigration benefits is one screwed up agency! They process more than 6 million applications each year and, from what I have been told, they have fewer than 600 investigators working at that beleaguered agency to try to create a semblance of integrity to the process.

The GAO and the Officer of the Inspector General have issued numerous reports on deficiencies at USCIS making it clear that fraud is commonplace.

Now I want you to stop and consider the fact that the administration and members of both houses of Congress are, once again, pushing for Comprehensive Immigration Reform.

All that the politicians such as Chuck Schumer, the chairman of the Senate Immigration Subcommittee has repeatedly claimed that the border is secure and hence it is time to now have “Comprehensive Immigration Reform! I have no idea what border he expects us to believe is secure! However, where Comprehensive Immigration Reform is concerned, the bigger problem than the lack of border security is the lack of integrity to the immigration benefits program.

I have a long list of reasons why I am adamantly opposed to providing unknown tens of millions of illegal aliens who, in the parlance of the open borders advocates are “undocumented.” This means that they have no reliable or verifiable way of proving who they are. They cannot readily prove their name, their nationality or their accurate date of birth. This means that there is no reliable way to determine if they have criminal histories in other countries. There is, in fact, no way of knowing if they are lying about their identity because their true names are on the “No Fly List” or perhaps a terrorist watch list! That is why I have come to refer to Comprehensive Immigration Reform as the “Terrorist Assistance and Facilitation Act!”

Remember the quote made by acting Special Agent-In-Charge of the Houston office of ICE

“….document fraud is an agency priority because it could potentially involve a “national security vulnerability” if someone who is a “high threat” assumes a false identity.

If there are concerns about the danger inherent in an individual who is a “high threat” creating a false identity through the purchase of altered or counterfeit identity documents- think of the threat that Comprehensive Immigration Reform creates to national security by providing terrorists with genuine identity documents in false names that conceal their true identities!

As I have noted on many, many occasions, including when I have testified before Congress- Al-Qaeda and other terrorist and criminal organizations should give any politician the “MVP Award” if they succeed in ramming Comprehensive Immigration Reform through the legislative process!

Three years ago the proposed Comprehensive Immigration Reform legislation would have required the inept USCIS to process a minimum of 100,000 applications for Comprehensive Immigration Reform each and every day in addition to all of the other tasks they were already grappling with and failing to deal with in any meaningful way other than to run the bureaucratic conveyor assembly line ever faster throwing integrity and national security to the wind!

About 3.5 years ago the GAO conducted an investigation and determined that USCIS had claimed to have “lost” some 111,000 immigration files relating to applications filed for various immigration benefits including some 30,000 applications for United States citizenship via the naturalization process!

Here is a link to the Washington Post article about this:

http://www.washingtonpost.com/wp-dyn/content/article/2006/11/28/AR2006112801402.html

Never forget that USCIS would be the agency at the Department of Homeland Surrender that would be put in charge of administering Comprehensive Immigration Reform!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day, November 2nd, as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Democracy is not a spectator sport!
Lead, follow or get out of the way!

-michael cutler-

I know that I haven’t been writing my usual quantity of commentaries over the past couple of days.

I think you may be interested to know that I have been involved in a case that has national ramifications- I was contacted by the law that has been retained by Governor Jan Brewer, the governor of Arizona, to defend her and her state against the lawsuit filed by the United States Department of Justice for the efforts of that true leaders of that state in enacting an immigration law that mirrors the federal statute that requires aliens present in Arizona to carry proof of “alien registration.”

I was invited to provide a declaration to set forth my beliefs base on my personal observations as a former INS Immigration Inspector and INS Special Agent with approximately 30 years of “hands on” experience in enforcing the immigration laws of the United States.

As you might expect, I was honored to have been provided with this opportunity to provide my perspectives.

Here is the link to the response that was filed yesterday by the law firm in federal court:

http://www.azgovernor.gov/dms/upload/PR_072010_USvAZDefendantsResponsePlaintiffMotionPI.pdf

In reviewing the response you will note that my declaration was cited a number of times.

I have also provided you, below, with a copy of the actual declaration I provided that has also been filed in conjunction with the response by the Governor.

The failure of the federal government to secure our nation’s borders and create an immigration system that possesses meaningful integrity threatens national security and community safety. These failures also have a profound deleterious impact on the economy, the environment, healthcare, education and other important challenges that confront our nation and communities across this nation.

I commend Governor Brewer and the leaders in her state’s legislature who have demonstrated true leadership in addressing an issue that should never have been ignored and, especially in this extremely perilous era- must not be ignored any longer!

Simply stated, our government cannot defend itself and its citizens from the threat of terrorism and transnational gangs, including the pernicious drug cartels until and unless our nation’s borders are secured and the system by which USCIS (United States Citizenship and Immigration Services) has real integrity and combats the issue of the rampant fraud that permeates the process by which our nation confers resident alien status and even United States citizenship upon aliens- thereby presenting them with the “Keys to the kingdom!”

What all Americans must understand is that the administration and duplicitous members of Congress are now, once again, revving up their efforts to implement “Comprehensive Immigration Reform” against the will of the vast majority of the citizens of this nation. (So much for “representative government!”) The advocates for Comprehensive Immigration Reform that I have on numerous instances have come to refer to as the “TERRORIST ASSISTANCE AND FACILITATION ACT” say that once the border is secure we should provide potentially tens of millions of illegal aliens who are “undocumented.”

In point of fact, the idea of providing those tens of millions of aliens who have no official or reliable way of proving who they are, would mean that terrorists and criminals could easily game this insane program and create brand new false identities for themselves. Additionally, USCIS is motivated to simply clear the backlog of applications with no meaningful effort being made to prevent the massive levels of fraud from ravaging a program that has profound national security implications- a point the 911 Commission made abundantly clear.

Comprehensive Immigration Reform would, of necessity cause the overworked and beleaguered USCIS to have to grapple with a minimum of 100,000 additional applications per day, filed by illegal aliens seeking to participate in a massive amnesty program that would eclipse the disastrous Amnesty of 1986 by a factor of ten! This would be the equivalent of telling a patient suffering from cardiac failure that he would be running in the New York City Marathon even as he sucked oxygen from a tank located next to his wheelchair!

Rather than chastising a true political leader- Arizona Governor Jan Brewer and members of her state’s legislature, the President of the United States needs to take his oath of office serious and secure our nation’s borders and do whatever is necessary to make certain that there is real integrity within the immigration system where immigration benefits and the enforcement of the immigration laws from within the interior of the United States are concerned!

It is time for the politicians in Washington to live up to their oaths of office as well!

It is unacceptable that the citizens of this nation be alienated by their own government especially where border security and the enforcement and administration of our nation’s immigration laws are concerned!

A country without secure borders can no more stand than can a house without walls!

November 2nd cannot come fast enough!

We the People, throughout this nation must seek opportunities to make it clear to our political “representatives” that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels and members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler-

DECLARATION OF MICHAEL W. CUTLER

Michael W. Cutler declares as follows:

1. The facts set forth below are of my own personal knowledge and, if called as a witness, I could and would testify competently thereto.

2. Since 2002, I have been a Fellow at the Center for Immigration Studies. The Center for Immigration Studies is an independent, non-partisan, non-profit, research organization. As a Fellow, I have provided perspectives based upon my experience with the Immigration and Naturalization Service (“INS”) about the nexus between immigration and national security, the impact of immigration on the criminal justice system, and strategies to combat illegal immigration. I regularly speak with Special Agents and other employees who are currently employed by the Department of Homeland Security (“DHS”), U.S. Immigration and Customs Enforcement (“ICE”) (the successor to INS), members of the law enforcement community, members of Congressional sub-committees and their staffers, and other government officials involved in the enforcement and adjudication of federal immigration laws. I also read a substantial amount of open source material provided by DHS, ICE, Customs and Border Protection (“CBP”) and other federal law enforcement agencies. The federal immigration laws that I enforced as a Senior Special Agent are, with some changes, substantially the same as those laws in place today.

3. In February 2002, I retired as a Senior Special Agent for INS. The INS ceased to exist in 2003 and is now known as U.S. Immigration and Customs Enforcement. Prior to my retirement, I worked for INS for approximately 30 years.

4. My career with INS started in 1971 when I entered on duty as an Immigration Inspector assigned to the John F. Kennedy International Airport. As an Immigration Inspector, my responsibility was to examine documents (such as passports) and to briefly interview passengers to make a determination about their admissibility into the U.S. consistent with federal immigration law. In essence, I had my eye to the “peephole” to America’s front door. Effectively, any state with an international airport or a seaport should be considered a border state.

5. By 1975, I became a Criminal Investigator (Special Agent) for the INS in New York City. During that time I rotated through all the squads of the investigations branch of INS. During this period of time, I often worked closely with other law enforcement agencies including the New York City Police Department.

6. From 1988 until 1991 I was assigned as the INS representative to the Unified Intelligence Division (“UID”) of the Drug Enforcement Agency (“DEA”) in New York. In 1991, I was promoted to Senior Special Agent and was assigned to the Organized Crime Drug Enforcement Task Force (“OCDETF”) wherein I partnered with members of other law enforcement agencies including the FBI, DEA, ATF, U.S. Customs, and local and state police, as well as law enforcement organizations in other countries.

7. Since 1997, I have been called by members of both political parties to testify relating to the enforcement or lack of enforcement of immigration laws and deficiencies in the immigration system before both houses of the United States Congress on more than 12 occasions. The bulk of the testimony that I have provided to Congress has occurred since my retirement from the INS. On one of these occasions, specifically on February 23, 2003, I provided testimony about sanctuary city policies and their negative impact on enforcement of federal immigration laws and the negative impact on our communities. At the beginning of this Congressional hearing, Representative John Hostetler, Chairman of the House Subcommittee on Immigration, Border Security and Claims, began the hearing by discussing the abduction and brutal assault on a 42 year-old mother of two by several illegal aliens who had extensive arrest histories in New York City – a known “sanctuary city” – which never resulted in any referral to the INS by the New York City Police Department. On March 11, 2004, I testified before congress about funding for immigration enforcement. On March 10, 2005, I offered testimony before Congress about interior immigration enforcement resources. I also provided testimony to the Presidential Commission on the Terrorist Attacks of September 11, 2001.

8. During my career at INS, I gained a unique perspective by working as an Immigration Inspector, an Examiner (an Adjudications Officer) and as a Special Agent where I worked to enforce immigration laws within the interior of the United States. Thus, I have firsthand experience of having directly worked as part of, with two of the three elements of, what I refer to as the immigration enforcement tripod: (1) inspection; (2) border patrol; and (3) interior enforcement. Each leg of the immigration enforcement tripod plays a critical role in the national security of the U.S.

9. Inspection occurs when Aliens enter the U.S. through designated ports of entry. Upon inspection, a determination is made by an inspector to determine whether there is any reason to preclude an alien from entering the U.S. Inspectors at designated ports of entry attempt to deny entry to aliens who would not be admissible to the U.S. The following is a partial list of reasons why an Immigration Inspector will not permit an alien to enter the U.S.: (1) the alien has certain communicable diseases of public health significance; (2) the alien has a physical or mental disorder and behavior associated with the disorder may pose a threat to the safety of others; (3) it is determined that the alien is a drug abuser or addict; (4) the alien has committed a crime involving moral turpitude; (5) the alien has committed a crime involving controlled substances; (6) the alien has been convicted of two crimes which resulted in aggregate sentences of five years or more; (7) the alien has been known to be an illicit trafficker in controlled substances; (8) the alien is coming to the U.S. to engage in prostitution or has engaged in prostitution within the last 10 years; (9) aliens who have committed serious crimes but claimed immunity to avoid prosecution; (10) foreign government officials who have violated U.S. laws relating to religious freedom; (11) the alien has engaged in trafficking in persons; (12) the alien has engaged in money laundering; (14) the alien is entering the country to engage in espionage or any unlawful activity; (15) the alien has engaged in terrorist activities, is planning to engage in terrorist activities or is a representative of a terrorist organization; (16) the alien is a known war criminal; (17) the alien has been previously deported and lacks proper authority to reenter; and (18) the alien is found to be in possession of fraudulent documents.

10. Border Patrol is a federal law enforcement agency that is now part of US Customs and Border Protection. Border Patrol is tasked with deterring, detecting, and interdicting (apprehending) illegal aliens who enter or attempt to enter the U.S. other than through designated ports of entry.

11. Interior enforcement, consistent with its moniker, is enforcement of immigration laws within the borders of the U.S. and falls under the purview of ICE Special Agents. Based upon my 30 years of experience for the INS as an Immigration Inspector, a Special Agent, and as a Senior Special Agent, I believe that the interior enforcement program was and continues to be terribly under-staffed and, in general, neglected.

12. While the actual number of ICE Special Agents is classified, most estimates by what I consider to be reputable data sources put the number of ICE Special Agents at approximately 6,000 for the entire U.S. A substantial portion of these agents are tasked with enforcement of U.S. Customs law and not immigration enforcement. The President recently estimated the number of illegal aliens at 11,000,000 – other estimates are significantly higher. Government estimates place the number of illegal aliens who have entered through ports of entry but violated their terms of admission, at 4,500,000. According to a recent DHS report, it is estimated that there are only 272 ICE employees trying to track down these 4,500,000 immigration law violators. In any event, there are no more than 6,000 ICE agents responsible for the interior enforcement of federal immigration laws for the more than 11,000,000 illegal aliens that are in the United States. Thus, ICE cannot be successful in enforcing federal immigration law without the assistance of local law enforcement.

13. Based on any estimate for the number of illegal aliens living in the U.S., it cannot be disputed that the federal government has failed to secure the borders of the U.S or to deter the continuing entry of illegal aliens.

14. The federal government’s failure to secure the border, combined with the federal government’s decision not to engage in substantial interior enforcement, has created an immigration policy that effectively creates a “finish line” at the border.

15. In other words, aliens are incentivized to make it to the border whether through lawful means or unlawful means because once an alien crosses the border there is little chance of detection in the interior of the country and even less chance of removal (deportation).

16. The reduced chance of detection and removal creates an environment where aliens who enter the U.S. through lawful means at designated ports of entry face little or no penalty for staying in the U.S. after their permission to remain expires. Once an alien’s permission to remain in the U.S. expires, an alien is unlawfully present in the U.S. Aliens who were lawfully admitted become unlawfully present in the U.S. when they violate the terms of their admission into the U.S. Examples include aliens who: (1) remain in the U.S. beyond their authorized period of admission; (2) accept unauthorized employment; and/or (3) are convicted of crimes.

17. Alien’s previously lawfully admitted who become unlawfully present represent a risk to the security of the U.S. because they are able to establish themselves into a community and hide in plain sight.

18. A second way for aliens to get past the finish line (the border) and move to the interior of the U.S. to is to circumvent designated ports of entry. By definition, anyone who enters the U.S. by circumventing designated ports of entry has entered the country unlawfully.

19. National security is at risk when someone circumvents designated ports of entry because the U.S. does not have any information about the identity of those persons who have entered our country or any record of their entry into our country or their presence thereafter. Nor does the U.S. have any information about the actual number of persons who have circumvented designated ports of entry. Most critically, the U.S. does not have information whether the person who has circumvented inspection is carrying a communicable disease, is a war criminal, is wanted in another country or is a known felon, a member of a transnational gang or cartel, or whether the alien is actually a terrorist who seeks to harm the U.S.

20. In my experience as a Special Agent who enforced immigration laws in the interior of the U.S., I am familiar with the various rationale for circumventing inspection at the border.

21. Some percentage of those persons who circumvent designated ports of entry come to the U.S. simply to work (albeit unlawfully) in an attempt to secure a better life than might be available to them in their home country.

22. Some percentage of those persons who circumvent designated ports of entry come to the U.S. to avoid detection and subsequent prosecution for crimes that they have committed in their home country. The U.S., with its porous border and lack of interior immigration enforcement, becomes a haven for these aliens to hide.

23. Some percentage of those persons who circumvent designated ports of entry come to the U.S. to blend into our communities with the plan of hiding in plain sight with the eventual goal of causing harm to the U.S. and its citizens.

24. Some percentage of those persons who circumvent designated ports of entry travel back and forth between the U.S. and a border country to import drugs, weapons, to engage in human smuggling or trafficking, and to evade U.S. law enforcement agencies.

25. Aliens that have entered the U.S. unlawfully, often become the potential clients of other criminal enterprises that prey upon illegal aliens through the sale of forged or altered identity documents, fraudulent schemes to ensure the ability to stay in the U.S., and further exploitation by the criminal element.

26. The circumvention of designated ports of entry creates a tremendous problem for the federal government because ICE does not have sufficient personnel to enforce federal immigration laws consistent with its stated objectives by solely relying on Special Agents stationed in the field. Moreover, because of ICE’s inability to enforce federal immigration laws from within the interior of the U.S., aliens intent on entering the U.S. are emboldened and encouraged that they will ultimately succeed in entering the U.S. even if they are interdicted by border patrol on a number of occasions. From my interviews with aliens that I have arrested or otherwise detained, I have learned that U.S. immigration policies have contributed to aliens adopting the view that they only need to keep trying to circumvent the border one time more than they are caught to be successful at entering the U.S.

27. During my time as an INS Special Agent, INS would prioritize its enforcement efforts in an attempt to seek removal for those persons most likely to cause harm to the U.S. The same is true today now that immigration enforcement falls under the direction of DHS and more specifically, ICE. In fact, I personally worked with Senator Al D’Amato to prioritize criminal aliens, distinguish aliens by subjecting such criminal aliens to enhanced penalties who reentered the country after a formal order of removal after a criminal conviction, and to hold removal proceedings inside the jail to expedite the adjudication of removal proceedings.

28. I am aware that ICE, on June 30, 2010, posted a memorandum outlining ICE’s enforcement priorities for the (world to see). Setting aside the peculiar timing and tone of the memorandum, ICE has identified its highest enforcement priorities as (1) national security; (2) public safety; and (3) border security.

29. As a Special Agent for more than 26 years, I have come to the conclusion that ICE must rely on local law enforcement to even attempt to work towards its highest enforcement priorities because ICE Special Agents only come into contact with a small portion of the alien population that has entered the U.S. or that remains in the U.S. unlawfully.

30. Local law enforcement, on the other hand, has regular contact with members of the public including aliens. These daily contacts by local law enforcement represent a critical tool in assisting ICE with its highest enforcement priorities because local law enforcement can assist ICE in the identification of those aliens who are unlawfully present in the U.S.

31. Specifically, each time a local law enforcement officer has contact with a person, whether a U.S. citizen, a lawful alien or an unlawful alien, the officer will almost always try and identify the person to make sure there are no outstanding criminal or administrative warrants that would cause the local law enforcement officer to take the person into custody to protect the safety of officers and the community. Further, as it relates to ICE’s highest enforcement priorities, local law enforcement plays a critical role in identifying aliens so that ICE can make a determination about whether or not ICE should seek to lodge a detainer and or to take other appropriate actions to effect the removal of the alien.

32. I can think of no situation where ICE would not want a local law enforcement officer to assist in the identification of someone unlawfully present in the U.S. These contacts can result in improved national security because, at least from time to time, some of these aliens identified by local law enforcement may be significant threats to the U.S. and wanted by ICE and/or other federal authorities. It is important to note that some of the 9/11 terrorists had interaction with police officers prior to engaging in the worst terrorist attack in U.S. history. On other occasions, ICE may in fact determine that an alien identified by local law enforcement is not an enforcement priority under ICE’s current prioritization.

33. Local law enforcement can also play a critical role in assisting ICE in enforcing federal immigration laws by creating a deterrent because of its ability to inquire into the immigration status when reasonable suspicion exists that someone is unlawfully present in the U.S. This deterrence can assist in removing some of the pressure on the border.

34. I am also aware that some cities become sanctuaries to aliens unlawfully present through the creation of policies that prevent local law enforcement officers from inquiring into an alien’s immigration status even when the officer has reasonable suspicion that an alien is unlawfully present in the U.S. These cities are sometimes referred to as “sanctuary cities.”

35. The creation of sanctuary cities actually hurts ICE in its efforts to conduct its highest enforcement priorities because it results in less identification of potentially dangerous unlawful aliens by local police officers. In other words, when ICE is left to enforce federal immigrations laws on its own, its efforts are substantially limited. On the other hand, permitting local law enforcement to inquire into an alien’s immigration status when they have already been stopped, detained, or arrested will actually assist ICE to meet its highest priorities as local law enforcement assists ICE in becoming aware of those aliens who would be considered a high priority for removal or other appropriate action. Moreover, an argument could certainly be made that cities that create sanctuary policies are actually in violation of 8 U.S.C. § 1324 which creates criminal penalties for “knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation” (8 U.S.C. § 1324(a)(1)(A)(iii)) or “encourage[ing] or induc[ing] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of that fact that such coming to, entry, or residence is or will be in violation of law.” 8 U.S.C. § 1324(a)(1)(iv); see also 8 U.S.C. § 1324(a)(1)(v)(II) (“aids or abets the commission of any of the preceding acts”). In other words, if the federal government was interested in enforcing federal immigration law it would be actively working to end sanctuary city policies throughout the U.S.

36. I am personally familiar with one example in which a city’s sanctuary policy prevented local law enforcement officers from assisting in the enforcement of federal immigration law leading to the death of a police officer.

37. Specifically, in 1986, I personally escorted Renaldo Rayside to the airport after an immigration judge entered an order of removal to deport Mr. Rayside to Panama due to his conviction on several drug charges.

38. Within two years, Mr. Rayside had returned to the U.S. via unknown means. Once inside the country, according to published newspaper accounts, Mr. Rayside was charged at least twice with resisting arrest by New York City police officers. But New York City had policies in place that prevented city law enforcement officers from contacting INS even when they had reasonable suspicion that a person in their custody was unlawfully present in the U.S.

39. New York City’s sanctuary policies precluded its officers from contacting INS to inquire about Mr. Rayside’s immigration status. Had INS been contacted, INS would have detained Mr. Rayside based upon his criminal conduct and based upon his presence in the U.S. despite having been previously removed. Mr. Rayside would have been either imprisoned and prosecuted for reentering the U.S., or would have been deported.

40. On March 3, 1989, as a result of New York City’s sanctuary policies, Mr. Rayside was still present and at-large in the U.S. (albeit unlawfully) when he was stopped for questioning by Officer Robert E. Machate. On this day, Mr. Rayside wrestled Officer Machate’s gun from him and used it to shoot him through the back. Officer Machate died as a result of the gunshot wound.

41. New York City’s sanctuary city policies during this time period, or any sanctuary policy that prevents local law enforcement from contacting federal immigration authorities for that matter, are inconsistent with ICE’s highest priorities listed in its June 30, 2010 memorandum. In other words, ICE’s highest priorities are more likely to be met when local law enforcement is permitted to contact ICE when contact is made with a potentially dangerous illegal alien. Sanctuary city policies also have a potential harmful effect on officer safety and the safety of the community.

42. Local law enforcement is in the unique position of being able to assist ICE to meet their highest priority of removing the most dangerous persons from the U.S. as it simultaneously enforces state or federal law in other areas. As an example, persons are regularly stopped by local law enforcement for minor traffic violations but – once the person is identified – the minor traffic violation can result in the arrest of someone wanted for a violent crime or some other significant felony. It is simply nonsensical for ICE to suggest that it can more appropriately enforce its highest priorities if local law enforcement ignores a person’s immigration status.

43. Just as local law enforcement is in a unique position of being able to assist ICE to meet their highest priority of removing the most dangerous persons from the U.S., ICE stands in a unique position to assist local law enforcement. In my experience as a Special Agent, I was often asked by local law enforcement to provide testimony at bail hearings to provide INS’ perspective about the flight risk of a particular alien. In fact, INS’ (and now ICE’s) files can be a treasure trove of information about an alien’s lack of ties to the community, failures to appear for prior hearings, or their record of using false or non-existent identities or addresses.

44. As someone concerned about the security of the U.S. border, I have read Senate Bill 1070. Based upon my 30 years of experience enforcing federal immigration laws, Senate Bill 1070 does not seek to enforce federal immigration laws beyond what is permitted by the Immigration and Nationality Act and its amendments. Rather, Senate Bill 1070 prevents the creation of sanctuary cities, a detriment to assisting ICE in meeting its highest enforcement priorities, and provides local law enforcement with the ability to assist ICE in meeting ICE’s stated objectives as well as the objectives of local and state police officers.

45. Senate Bill 1070 leaves actual enforcement, including the setting of enforcement priorities, in the hands of DHS and ICE who are charged with enforcing federal immigration laws. Also, it is important to note that the actual removal of aliens falls under the exclusive control of ICE and Senate Bill 1070 has no impact on this authority.

46. As a former Special Agent, I believe that being able to have the assistance of local law enforcement is critical in helping ICE to remove the most dangerous unlawful aliens from the U.S. in order to protect our nation’s security, protect the safety of the public, and to secure our border. Cooperation between local and state law enforcement, CBP, and ICE creates a synergy that will improve the results of all agencies involved and, as a result, will improve national security and community safety.

I declare under penalty of perjury that the foregoing is true and correct.

DATED ______________ . New York.
By
Michael W. Cutler

Those of you who are familiar with my work and my commentaries know that nearly all of my efforts are focused on our nation’s failures to secure its borders and create an immigration system that has meaningful integrity that protects our nation and our citizens and honors those many millions of lawful immigrants who legally came to the United States to become part of the magnificent tapestry that is the United States of America to share the “American Dream” and in building their lives in our country, built our country as well.

Along the way, as I have spoken on at public events, on radio programs and television shows, I have made some friends across this wonderful nation with whom I communicate via the miracle of the Internet. I like to point out, whenever I can, that the First Amendment is not only about “Freedom of Speech” is is also about the right to assemble peaceably. In the days of the founding of our nation, Americans tended to meet at their neighbor’s homes, under shade trees, in churches and synagogues, in schools and other such places. Today we tend to also meet on talk radio and the Internet.

One of the friends I have met along the way is a guy by the name of “Rich” who, earlier today, sent me the notification of the sad news about the passing of a true American treasure, the widow of Audie L. Murphy, the most decorated soldier of the Second World War, Pamela Murphy.

In the unlikely event you are not familiar with the exploits and achievement of Audie Murphy I have provided you with a link that goes into some detail about this incredible American. Please take the time to check this link out:
http://www.warfoto.com/AudieMurphy.htm

I want you to take a moment to read about her as well.

My mom and dad raised me to believe that “We are what we achieve!”

The Murphy’s were truly incredible people who made a real difference by all they accomplished in their lives!

A final thought.

As you enjoy the comforts of your home, your friends, your family members and all that we tend to take for granted- please take a moment and remember how much we have to be thankful for! Do not forget that it has been the soldiers of our nation who, since the founding of this nation secured our survival and our safety!

The soldiers of our nation including our men and women in uniform today, are paying one hell of a price for all of us!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Democracy is not a spectator sport!
Lead, follow or get out of the way!

-michael cutler-

The United States Department of Justice clearly has the state of Arizona in its legal sights!

I have provided you, below, with a copy of a news article that appeared in Sunday’s Washington Times about the legal challenge being mounted by the United States Department of Justice in an effort to block the state of Arizona from enforcing an immigration law that was promulgated by the leaders of that state.

Yesterday, Sunday, July 11, 2010 Bob Schieffer on the CBS News program “Face the Nation” interviewed Eric Holder, the Attorney General on a number of issues including two subjects that are of particular relevance to the immigration issue in general and with the Arizona situation in particular.

I have provided you with a link to a video of Bob Schieffer’s interview of Attorney General Holder as well as with a copy of the transcript of that interview, in its entirety, below.

The first issue that was covered during the interview was the Russian spy case that resulted in the seemingly speedy resolution of the identification of the ten Russian agents who were operating in our country on behalf of Russia. Purportedly they did not pass any classified material to Russia. Holder said that the United States government opted to simply exchange these agents for four people who had been arrested in Russia for assisting the West with intelligence gathering. Holder also said that there were a number of reasons that the government decided to not prosecute the Russian agents because it had been determined that one of the individuals, an unidentified male was preparing to travel to France and there were concerns that he might head from Russia from France and thwart efforts to remove him. Holder also made some extremely vague references to other reasons why no criminal charges had been sought against the spies.

(Actually I had a hunch that perhaps the issue for the administration was to terminate the ten year old investigation for another reason- to prevent any of the individuals who had been meeting with the Russian spies from being identified. Remember that early news reports indicated that a major financier for an unidentified political party had been one of a number of individuals who had met with at least one of the ten spies. Let me make this perfectly clear- this is just pure speculation on my part- but you have to admit- this would not be beyond the realm of possibility- would it?)

Is anyone willing to bet if the names of those who met with the spies in the United States will ever be released?

The spy case is of particular interest to me because we must remember that at least some of those spies had children who were born in the United States. This is not unlike illegal aliens who have children who were also born in the United States. Here is a quote from the transcript I have attached below that deals with this specific issue:

BOB SCHIEFFER:
One question that we’ve gotten a lot of e-mails on and a lot of calls at CBS News: What happens now to the children?
ATTORNEY GENERAL ERIC HOLDER:
The children have all been repatriated. We did so consistent with what their parents’ wishes were, and to the extent that we had children who were, close to majority or majority, they made their own decisions as to where they wanted to go. So the children have all been handled, I think, in an appropriate way.
BOB SCHIEFFER:
Because some of those children, because they were born here, would actually be U.S. citizens.
ATTORNEY GENERAL ERIC HOLDER:
Right. And to the extent that they had the ability to make choices, they were old enough to make them they made their decisions and they’ve gone back with their parents.

Think about that brief exchange about the fate of the children born to Russian spies. Commonsense prevailed here. The sort of commonsense that evaporates whenever the administration and advocates for open borders and immigration anarchy that would undoubtedly result if “Comprehensive Immigration Reform” was to be enacted.

It is to be presumed that a number of the United States citizen children, especially the younger ones, had no idea about the duplicitous nature of their parents’ lives and were therefore not to be blamed for the violations of law committed by their parents. However, the parents were sent packing and they were given the option of either having their children accompany them on their voyage to their home country or remain in the United States with other care givers.

If the same situation involved illegal aliens, even illegal aliens who had been convicted of committing felonies- the outcry from the so-called immigrant rights groups to not take the children from their parents would have been absolutely deafening!

Next I want to remind you that the spies had been highly effective at insinuating themselves into the United States in furtherance of their goals to gather intelligence and potentially recruit assets in the United States. In order to do this they created false identities for themselves (“legends” in the vernacular of the world of intelligence operatives).

This is precisely the same way that criminals and terrorists seek to create alternative identities for themselves as an “embedding” tactic as described by the 9/11 Commission in describing the way that terrorists seek to hide in plain sight.

The next part of Mr. Holder’s interview dealt specifically with the law suit his agency, the Department of Justice has filed against the state of Arizona and Governor Brewer.

Mr. Schieffer asked why racial profiling was not a real issue in the law suit and Holder tapped danced his way around the question and left the door open to the idea that the Justice Department would watch for evidence of such profiling if the law is enforced.

Holder then talked about pre-emption. The idea that the law of Arizona interfered with a host of issues that are the pure domain of the federal government where the enforcement and administration of the immigration laws are concerned. Herein lies some really interesting double-talk. Consider this segment from the interview that includes the entire discussion of the federal government’s lawsuit against the state of Arizona:

BOB SCHIEFFER:
Let’s turn to the other big story of the week. You filed suit to ask a judge to overturn Arizona’s new immigration law. It has put Republicans in a rage. Here’s what Senate Republican Leader Mitch McConnell said. He said, “Suing the people of Arizona for what the federal government has utterly failed to do will not help secure our borders.”
Senators Kyl and McCain, the Arizona Senators, say, “Attorney General Holder speaks to the federal government’s responsibility to enforce immigration law, but what are people of Arizona to do when the federal government fails its responsibility?” So why did you file this lawsuit?
ATTORNEY GENERAL ERIC HOLDER:
I understand, first off, the frustration of the people of Arizona and the concerns that they have with regard to the amount of illegal immigration that occurs. But the solution that the Arizona legislature came up with is inconsistent with our federal constitution. It is responsibility of the federal government to decide immigration policy. And what the Arizona con– the Arizona legislature came up with was a statute that is inconsistent with the federal constitution. It’s preempted by the federal constitution. On the basis of preemption, we decided to file a lawsuit. We have an immigration policy that takes into account a whole variety of things; international relations, national security concerns, and it is the responsibility of the federal government, as opposed to states doing it on a patchwork basis to decide exactly what it is our policy should be with regard to immigration. And it was on that basis that we filed a lawsuit.
BOB SCHIEFFER:
You’ve heard the same criticism that I have. Some are saying that it’s just all politics, what you’re trying to do is to brand Republicans as anti-immigration, or in fact anti-Hispanic, before the elections in November.
ATTORNEY GENERAL ERIC HOLDER:
Not true at all. The basis for this was a legal determination by those of us at the Justice Department that the law was inconsistent with the constitution. And there, I think one has to also understand that there are a substantial number of Republicans and people in law enforcement who thought that the decision that we made to file this lawsuit was, in fact, the correct one. So it is not a monolith. It’s not a Republican monolith here where people are saying in the Republican Party that this was an inappropriate decision.
BOB SCHIEFFER:
When the Arizona law was first passed, both you and the president expressed concerns that it would lead to racial profiling because it allows the police, if they think someone might be in this country illegally it gives them the right to stop them and they have to produce papers to show that in fact they are citizens. Yet, your lawsuit doesn’t talk at all about racial profiling, or if it even mentions it it’s just barely. It just talks about the federal government is being preempted from a duty that is has to perform. Why did you choose to go that route?
ATTORNEY GENERAL ERIC HOLDER:
Well, we wanted to go out with what we thought was our strongest initial argument and to focus on what we thought is the most serious problem with the law as it now exists. It doesn’t mean that if the law, for whatever reason, happened to go into effect that six months from now, a year from now, we might not look at the impact the law has had and whether or not– see whether or not there has been that racial profiling impact. And if that was the case we would have the tools and we would bring suit on that basis.
BOB SCHIEFFER:
Are you saying, though, that states and local governments have no responsibility when it comes to enforcing immigration policy, that that’s solely the responsibility of the federal government?
ATTORNEY GENERAL ERIC HOLDER:
States and local governments can certainly help the federal government enforce immigration laws. What we’re saying is that they cannot pass laws that are inconsistent with the federal laws, or do things that contravene federal policy when it comes to the enforcement of our immigration laws. And the Arizona statute, if you look at the guts of it, really puts in place a whole variety of things that are inconsistent with what we have decided to do as a federal government. And it is on that basis that we decided to file a lawsuit.

Arizona’s law simply parallels the federal statutes concerning the requirement of alien registration. Furthermore, there is absolutely nothing about the Arizona immigration law that establishes policy. There is nothing about the Arizona law that deals with international relations of national security. The law simply requires, as does the feral law, that any alien present in the state of Arizona who is 18 years of age or older carry proof of alien registration. The point being that this proof would actually enhance national security. Any alien whose presence in the United States is unknown to the federal government may pose a threat to the security of our nation and the safety of our citizens. The effect of this law would be to help the United States government to be made aware of the presence of illegal aliens whose presence in the United States is presumably unknown to the federal government if they don’t have proof of “alien registration.”

I would defy anyone, including Attorney General Holder to explain how notifying the federal government about the presence of illegal aliens in our country would be harmful to national security! If these aliens are illegally present and “undocumented” the federal government has no official way of being aware of their presence in our country, let alone what they may be up to!

Remarkably, Mr. Holder also made the following statement:

BOB SCHIEFFER:
Are you saying, though, that states and local governments have no responsibility when it comes to enforcing immigration policy, that that’s solely the responsibility of the federal government?
ATTORNEY GENERAL ERIC HOLDER:
States and local governments can certainly help the federal government enforce immigration laws….

Stop and give that statement some serious thought. The Attorney General says that state and local governments can certainly help the federal government enforce immigration laws?!”

How do cities and states that subscribe to the insane practice of creating “sanctuaries” help the federal government enforce the immigration laws?

If you want to make a case for pre-emption reason would dictate that blocking the federal government from access to such vital information would have a negative impact on national security. The creation of a “sanctuary city” would, in my humble opinion entice illegal aliens to run our nation’s borders with the goal of reaching those cities where these illegal aliens would be safe from discovery by the federal government. Let us go back to the immigration statutes that deals specifically with this very issue Title 8, United States Code, Section 1324. In fact, this is not only a matter of pre-emption- it is a matter of violating the federal laws that deem it a felony to engage in the foregoing activities:

Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3)

The entire point to the creation of a “sanctuary city” is to conceal illegal aliens from the federal government!

Here is the entire statutory section concerning these crimes:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm

Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Alien Smuggling — Subsection 1324(a)(1)(A)(i) makes it an offense for any person who — knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.
Domestic Transporting — Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
Bringing Aliens to the United States — Subsection 1324(a)(2) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).
Unit of Prosecution — With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
Knowledge — Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.
Penalties — The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
COMMENT: Further discussion of offenses defined in 8 U.S.C. § 1324(a) is set forth in Chapter 3 of Immigration Law, published as part of the Office of Legal Education’s Litigation Series, and as part of the USABook computer library.
[cited in USAM 9-73.100]

Rather than chastising a true political leader- Arizona Governor Jan Brewer and members of her state’s legislature, the President of the United States needs to take his oath of office serious and secure our nation’s borders and do whatever is necessary to make certain that there is real integrity within the immigration system where immigration benefits and the enforcement of the immigration laws from within the interior of the United States are concerned!

It is time for the politicians in Washington to live up to their oaths of office as well!

It is unacceptable that the citizens of this nation be alienated by their own government especially where border security and the enforcement and administration of our nation’s immigration laws are concerned!

A country without secure borders can no more stand than can a house without walls!

November 2nd cannot come fast enough!

We the People, throughout this nation must seek opportunities to make it clear to our political “representatives” that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels and members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Democracy is not a spectator sport!
Lead, follow or get out of the way!

-michael cutler-

Verbatim transcript of interview:

Video of the interview conducted by CBS News’ Bob Schieffer on “Face the Nation” on July 11, 2010:

This attached news report [click here] appeared in Monday’s edition of the Washington Times and addresses the threats posed by terrorists and the Mexican Drug cartels operating inside the United States.

Clearly it is extremely important for our nation to secure its borders to help prevent the entry of terrorists, drug traffickers and other transnational criminals. This goal remains as elusive today as it was during the previous administration and even earlier than that.

However, the securing of our nation’s borders especially the border that is supposed to separate the United States from Mexico is only one component of what needs to be a system that addresses all aspects of these extremely dangerous challenges that confront our nation- endangering national security and the lives of our citizens.

Yet there is nothing in statement made by Northcom’s new commanding officer, Admiral James A. Winnefeld, Jr., even takes Immigration and Customs Enforcement (ICE) into account! He talks about working cooperatively with the government of Mexico, a government that has openly demanded that the United States legalize their millions of citizens in our country who entered our country by running our nation’s borders and who send home, to Mexico, more than 20 billion dollars a year in remittances (money sent via electronic means) and even more money being moved in other ways.

Yet the use of the legal authority vested in Immigration and Customs Enforcement and the creative ways that this authority could and must be harnessed to secure our nation did not even show up as a footnote in Admiral Winnefeld’s remarks!

This is staggering and absolutely takes my breath away!

As you most likely know, I have appeared on numerous radio and television programs since the terrorist attacks of September 11, 2001. I have sought to make my position on these issues as clear as I could. My opinions are not based on some wild ideas I formulated overnight but rather represent my many years working for the INS (Immigration and Naturalization Service), having begun my career with the INS in 1971 as an Immigration Inspector assigned to John F. Kennedy International Airport. In 1975 I became a Criminal Investigator (Special agent) and rotated through all of the various squads of the Investigations Branch of the New York District Office of the INS. I was assigned to the Unified Intelligence Division of the DEA (Drug Enforcement Administration) New York Field Office as the first INS special agent to be assigned to that organization, from 1988 until 1991 when I was promoted to the position of INS Senior Special Agent and assigned to the Organized Crime Drug Enforcement Task Force (OCDETF) in New York.

I have testified before some 14 Congressional hearings and provided testimony to the 9/11 Commission.

I know that many of you are probably familiar with my background but I believe that it is essential to make note of my background because the issues were are dealing with today threaten the survival of our nation and the lives of our citizens and these threats keep me awake at night.

All too often the citizens of our nation are treated like mushrooms by the politicians and the news media (they attempt to keep us in the dark and feed us lots of manure!)

The constant reference to the need to secure our nation’s border as though this was the only issue to be addressed is, in my view, an effort to keep the discussion from addressing all of the vulnerabilities that threaten our nation and our citizens.

When I appeared on a number of radio and television programs to discuss SBINet (Secure Border Initiative Network) also known as the “Virtual Fence” I said, with perhaps some understandable sarcasm, “The Virtual Fence will stop virtually no one!”

Unfortunately I was apparently correct. Just a few weeks ago SBINet was declared a failure. An expensive failure that caused the government to squander more than one billion dollars and, perhaps even worse, squander years of invaluable time. How many criminals and terrorists entered our country while the federal government screwed around with the “virtual failure” in securing our nation’s bleeding borders?

I have often made the point that the construction of an effective fence on our border should be considered an important component of a successful immigration system- but only one component of many. I would compare the construction of a fence as a part of a coherent immigration strategy the way that a wing is an important component of an airplane. The wing by itself is not an airplane. The airplane that is missing a wing, however, will not fly! In addition to securing our nation’s borders, the entire immigration system needs to possess real integrity and the key to that lies in the enforcement of the immigration laws from within the interior of the United States. Something that this administration- just like the administrations that preceded it were unwilling to do. We will look at the issue of the enforcement of the immigration laws from within the interior shortly but first I have to make a couple of points about the issue of securing our nation’s borders- a goal the President now believes in unachievable!

This is the same president who when he sought the presidency, joined God knows how many illegal aliens in the all too familiar chant, “Si se puede!” (“Yes I can!”) now makes it seem as though the border really cannot be secured! The country that in the last century racked up success after success cannot even secure its own borders!

Wow!

I guess he forgot that this country that used to be known by the two word exclamation “Can do!” Has now become the nation that can’t do! He seems to have forgotten that it took the United States to build the Panama Canal when other countries gave up. He seems to have forgotten that when the United States was attacked on December 7, 1941 it took our nation, working in close coordination with its allies to defeat the Nazis in just 44 months. In order to achieve that incredible goal our nation built fleets of airplanes that had never existed previously. Our nation rebuilt its nearly destroyed navy, building a wide variety of ocean going vessels that had never existed before. Our nation built tanks, bazookas, radar and a long list of other technological marvels back then and even two atomic weapons with brand new and unproven technology- all in under 44 months!

Our nation sent men to the moon and returned them safely to the earth not once but several times, 40 years ago with what would be considered today to be extremely primitive technology.

Our nation built the first reusable spacecraft that was the envy of the world- the space shuttle- that is soon to be retired and, under President Obama’s “leadership” will be replaced by absolutely NOTHING!

So much for “Si se puede!”

Just a few days ago, President Obama quoted from Emma Lazarus’ poem, “The New Colossus” and talked about how immigrants have helped to build our nation. He mentioned a list of such important immigrants including Andrew Carnegie and Albert Einstein, to name just two, but of course failed to note that both men were lawfully admitted into the United States. The use of the term “immigrant” to describe illegal aliens makes it a simple matter to do this sort of Orwellian deception. This is why the open borders advocates become apoplectic when the term “illegal alien” is used. The term alien is not a pejorative but it is actually a legal term that is very specific and accurate and makes such Newspeak deception impossible. For the record, as I have noted on ever so many occasions, the term alien, as defined by the Immigration and Nationality Act, the body of laws that govern the entry and presence of aliens in our country, defines an alien as simply being- any person who is not a citizen or national of the United States.

I defy you to tell me wherein lies the insult in that definition!

The point is that the difference between an immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar!

Obama also noted that the backlog of applications for immigration benefits had been dealt with and so it is now time for Comprehensive Immigration Reform.

Here is the issue here; the backlog of applications has been reduced by providing all sorts of incentives to the adjudicators at USCIS (United States Citizenship and Immigration Services) to process as many applications for all sorts of immigration benefits including the conferring of lawful immigrant status and even United States citizenship as quickly as possible. As all of us know, there is an inverse relationship between speed and accuracy. The faster you do a job, the less attention you can pay to the details.

It is also important to know that if an adjudications officer seeks to deny an application for an immigration benefit, he (she) must fill out a lengthy report and justify the denial while an application that is approved just requires the adjudicator to stamp the application with an approval stamp and move onto the next application! If your goal is to simply clear the backlog there is a clear incentive to approve every application that is handed to an adjudicator whose evaluations, awards and bonuses depend on meeting or exceeding productivity goals!

This threatens national security.

This is not an unwarranted concern. There have been a long list of reports issued by the GAO (Government Accountability Office) and various Inspectors Generals that have pegged the fraud rate in some aspects of the immigration benefits program as high as 90%!
A study of the tactics used by terrorists have shown that immigration benefit fraud and visa fraud are often used by terrorists in order to enter the United States and/or embed themselves in our country. Of 94 terrorists who were identified as operating in our country in the decade before the terrorist attacks of September 11, 2001, 59 of those terrorists used immigration fraud to either enter the United States and/or embed themselves in our country (hide in plain sight).

Fraud was also a huge problem with the massive immigration amnesty program of 1986. In fact it was through fraud in that fatally flawed program that some of the terrorists who carried out the first attack on the World Trade Center in 1993 were able to embed themselves in the United States before that attacks was carried out.
Yet the administration is still utterly ignoring immigration fraud!
Consider a recent report issued by the GAO in December 2008 entitled: “IMMIGRATION BENEFITS: Actions Needed to Address Vulnerabilities in Process for Granting Permanent Residency”. (You can review that report at: www.gao.gov/new.items/d0955.pdf.) Let me reiterate some of the major elements of what an effective interior enforcement program for immigration law enforcement should look like.

I want you to remember that as an INS special agent I was called upon to participate in every form of investigative effort I have enumerated below and my colleagues and I scored some really huge successes in combatting not just illegal immigration- a worthwhile goal, in and of itself, but we contributed significantly to combatting terrorism, narcotics trafficking and crimes involving transnational gangs and criminal organizations.
In order to do this, I have attached a segment from an earlier commentary about the need for an effective interior enforcement program for immigration law enforcement:

Fraud Investigations:
Special agents need to conduct investigations of fraud that fall under two basic categories, fraud schemes and fraud documents.
Fraud schemes can also be divided into two broad categories, visa fraud and immigration benefit fraud.
Fraud can be thought of as a lie committed in writing in an application to provide a person with a benefit that the person in question would not be entitled to if all of the relevant information was known to the person (adjudications officer or other official) at the time that the application for that benefit was being processed.
For the purposes of immigration, such applications might involve an application for a visa that would permit an alien to seek entry into the United States either temporarily on a nonimmigrant visa, such as a tourist visa, student visa or business visa, to name just a few of the visas that are available, or on an immigrant visa that provides the alien with a green card and thus accords that alien lawful immigrant status.
An example of a fraud scheme is the United States citizen or lawful permanent resident alien who marries an alien to provide that alien with resident alien (immigrant status) for money or other benefit. In such marriages, the couple does not really live together as a true couple but get married as part of a n arranged ´business deal.¡ When an investigation discloses that this is the case in a particular ´marriage,¡ the citizen or immigrant spouse should be prosecuted for entering into a criminal conspiracy to violate our nation’s immigration laws as should the alien spouse who sought to use this fraud scheme to acquire a green card. The alien who was seeking to acquire resident alien status through fraud should then be taken before an immigration judge to seek his (her) removal (deportation) from the United States.

There are other such fraud schemes that involve the concealment of material facts that enable aliens to enter our country and/or embed themselves in our country. Often terrorists are charged with visa fraud because it is often far easier to show that an alien succeeded in entering our country by committing fraud than it is to prove that an alien is a terrorist.

In the case of fraud documents, we can include identity theft, the alteration of legitimate identity documents and the creation of counterfeit identity or supporting documents such as Social Security cards, birth certificates and other such documents.

Today, there have been many reports about how easily aliens can and have gamed the immigration benefits program. Among them have been criminals and terrorists. The solution is not to ignore the problem but to develop the resources to conduct the necessary investigations and law enforcement activities that would bring real integrity to the program that provides millions of aliens with the keys to the kingdom in a truly perilous era.
The adjudicators at USCIS (United States Citizenship and Immigration Services) are rewarded for moving the applications that are stacked on their desks as they try to keep up with the ever increasing number of applications filed by ever more aliens who have become emboldened to file applications for a variety of immigration benefits including applications for residency and United States citizenship based on fraud. These bureaucrats must feel like Lucy and Ethel in that hilarious episode of “I Love Lucy” when Lucy and her friend got jobs at the candy factory and they attempt to wrap morsels of bonbons hurtling at them at ever increasing speed on a conveyor belt moving at warp speed.

The solution, in my judgment, is not to rush the process and compromise integrity, but to go after those who would commit fraud and convince those who would apply for applications that there is a serious price to be paid for attempting to defraud our government! This would, undoubtedly cause a sharp reduction in the number of new applications filed. This would cut waiting times for those who file legitimate applications and simultaneously making it easier for the adjudicators to screen out the fraud and create a bureaucracy that would have far greater integrity. ?

In this way everyone but the bad guys would win. This is called deterrence and must be applied to the immigration benefits program that has such serious national security implications! This can only be achieved by hiring a large number of special agents for ICE and providing them with the training and the resources to create an immigration bureaucracy that has real integrity.

Employer Sanctions:
Conducting investigations of factories, restaurants, hotels, farms and other places where people are employed to make certain that illegal aliens are not being gainfully employed. When an illegal alien is employed, both the employer and the illegal alien employee are violating the laws. Both need to be punished. Illegal aliens who are employed should be taken into custody and made to appear before an immigration judge for a removal (deportation) hearing. The unscrupulous employer who can be proven to have knowingly hired illegal aliens should be fined and face other legal sanctions should that employer continue to engage in the practice of hiring illegal aliens.

By making it clear that illegal aliens would not have an easy time of securing illegal employment in the United States, more Americans would be able to find jobs, wages earned by American citizens and lawful immigrants would be far more likely to be spent and invested in the United States (this is especially significant at a time when our government is claiming to be seeking to stimulate the American economy) and would reduce the number of illegal aliens streaming across our nation’s borders making it easier to gain control over our nation’s borders, especially the perilous southern border.

Alien Smuggling / Human Trafficking Investigations:
When aliens are smuggled into the United States, the goal is generally not to simply set foot in the United States near the border but rather to enable the illegal alien to make his (her) way to the city they desire to go to after running our nation’s borders or otherwise entering the United States by circumventing the inspections process. In addition to the obvious ploy of running our nation’s borders, some smuggled aliens stow away on ships or aircraft. Therefore it is important to seek to identify so-called “safe houses” where smuggled illegal aliens may be held until family members or other can provide the funds to the smugglers. It is also important to seek to identify the transporters who, working in cahoots with a smuggler, may use various vehicles to enable illegal aliens to travel across our country.

It is important to note that smugglers who assist illegal aliens in surreptitiously entering the United States, they also often engage in smuggling narcotics across our nation’s borders and often use illegal aliens as ´beasts of burden¡ to carry a load of narcotics on their person. That is why such illegal aliens are referred to as “mules.”
Sometimes the aliens are made to carry narcotics in their person by swallowing narcotics stuffed into condoms that are then retrieved at a “safe house” within the United States. A number of years ago I assisted the DEA in New York in executing a search warrant in Staten Island where such an operation was being run out of an apartment in an apartment building in which people, mostly citizens of Nigeria, entered the United States at John F. Kennedy International Airport with such condoms in their stomachs. They were met at the airport by a member of the drug organization who drove them to an the apartment where they were given massive doses of a laxative and then one of the workers would use a strainer to retrieve the drug-laden condoms from the toilet. It was only after that all of the condoms had passed through their bodies that these aliens were allowed to leave the apartment to hide in plain sight among the many other illegal aliens who have taken up illegal residency in our country.
In some instances, the condoms would burst before they got off the airplane, often causing the “swallower” to perish because of a massive overdose.

Criminal Alien / Fugitive Investigations:
The agents who are assigned to this unit are responsible for locating aliens who have been convicted of crimes in the United States and have been sentenced to prison sentences. Some of these aliens may have been lawfully admitted to the United States as lawful immigrants (resident aliens) or they may have entered our country illegally. Regardless of how these aliens entered our country, by virtue of their criminal convictions, these aliens are now subject to removal from the United States.

Additionally, the agents in this squad also seek to arrest illegal aliens who had been deported (removed) from the United States and then, in one way or another, managed to reenter the United States without authorization. A criminal alien (aggravated felon in the parlance of the Immigration and Nationality Act) is subject to a maximum of 20 years of incarceration for the crime of reentry after deportation.

I am particularly proud of the fact that in the early 1980’s I had approached then United States Senator Al D’Amato of New York and convinced him to work with the administration, back then, to have deportation hearings conducted in correctional facilities (rather than wait many years, in some instances, for a criminal alien to be released). I also convinced him to sponsor legislation to promulgate legislation that would differentiate between administrative law violators who were deported from the United States and criminal aliens who were deported from the United States after serving their criminal sentences.

Before that law was enacted, their was no distinction between criminal aliens and aliens who had no felony convictions. Any alien who had been deported and then illegally reentered the United States was facing a maximum of two years in jail. Under the new law, the penalty for criminal aliens (aggravated felons) was created.

Task Force Investigations:
There are a number of task forces that combine local, state and federal law enforcement agencies. The idea behind these task forces can be summed up by one word: synergy. This means that the total is greater than the sum of the parts.

I spent roughly ten years as a senior special agent of the INS assigned to the Organized Crime, Drug Enforcement Task Force. For about 4 years I was the INS representative of the Unified Intelligence Division (UID) of the DEA in New York. As the INS representative to the UID, some 20 years ago, I decided to compile arrest statistics to see how much of an involvement aliens had in narcotics-related crimes. Back then, some 60% of the defendants who had been arrested by DEA in New York City were identified as being “foreign born” while some 30% of those defendants, nationwide were identified as being “foreign born.”

The idea that foreign nationals are heavily involved in narcotics trafficking is not a new problem. It is just a huge component of the problem that our nation’s “leaders” have refused to address!

In both assignments, it became readily apparent that by working with other law enforcement agencies against drug trafficking organizations that all sorts of benefits to the effectiveness of these efforts could be greatly enhanced. Immigration was a major component of this operation, but we always suffered by an extreme lack of manpower and resources, especially where immigration was concerned.

There are other such task forces involving terrorism, gangs and other such serious threats to the safety of our people and the security of our nation.

As an INS (now ICE) special agent, information contained in immigration files offer tremendous insight into the risk of flight of criminals. This issue is of great importance when a criminal is arrested and is being arraigned. A federal magistrate or a judge is supposed to consider two primary issues in fixing bail: danger to the community and risk of flight.

The alien file often contains a veritable track record of past instances where a criminal alien may have used multiple identities, was deported and reentered the United States illegally on numerous occasions or failed to show up for immigration hearings.

The participation of an ICE agent in a criminal investigation may also enable other agencies and prosecutors to not unwittingly enter into a plea bargain deal in which an alien is able to plea bargain away a criminal charge that would result in his deportation from the United States.

ICE agents can also help to bring additional charges against a criminal aliens such as visa fraud, benefit fraud or other such charge. Additionally, there is a charge that calls for a 5 year jail sentence for an illegal alien found to be in possession of a firearm. Only an ICE agent can provide the necessary evidence that the defendant found to be in possession of that weapon is, indeed, an illegal alien.

ICE agents can be instrumental in “flipping” informants. There are provisions of law that can be used to provide an informant and his family, with lawful status in our country if they are instrumental in assisting law enforcement agents in major criminal investigations.

ICE agents can also arrest members of criminal organizations on immigration violations without ever tipping their hand that they are part of a task force that has targeted other members of a terrorist or criminal organization.
Theses benefits also can help those cities whose leaders are not so screwed up that they declare their cities to be “sanctuary cities.”

When a community has a large illegal aliens population, all sorts of businesses spring up in support of that large illegal alien population. These businesses include mail drops services, money-wire services (remitters), telephone arcades and disposable cellphone businesses, document vendors and others that are helpful to illegal aliens and absolutely essential for criminals, drug traffickers and terrorists.

If our nation is to gain the upper hand in the many threats that confront our nation and our citizens, it is absolutely essential that there be an adequate number of ICE agents and supporting resources to make the interior enforcement of the immigration laws the priority is desperately needs to be.

It is the politicization of the immigration laws that has gotten our nation into the mess it is in and it must end. As I noted when I participated in a debate this past week at Fox News’ morning talk show, ´Fox and Friends¡ our nation has two addictions: Cheap labor provided by vulnerable and exploitable illegal aliens and narcotics. The desire for that compliant labor force that has eroded the wages of Americans and has caused them, ultimately to lose their jobs has also caused tens of billions of dollars in wages paid to illegal aliens and alien workers who have been admitted into the United States on “temporary” work visas to be wired or otherwise transmitted out of the United States and thus out of our nation’s economy. Meanwhile, the “Fools on the Hill” (Congress) refused to make the E-Verify program a component of the economic stimulus package!

Our nation and our citizens are threatened by the prospect of terrorist attacks as well as by the criminal activities of international gangs and narcotics trafficking organizations including the extremely violent and pernicious drug cartels of Mexico and other countries. Clearly the only solution is to take on the cartels and win! There is no such thing as “second place” in the war on drugs or terror!

This means that a coordinated strategy that couples effective strategies on our nation’s borders must be augmented by the effective enforcement of the immigration laws from within the interior of the United States.
Anything that ignores the vital interior enforcement mission is doomed to fail!

On March 10, 2005 I testified before the House Subcommittee on Immigration, Border Security and Claims on the topic:

“INTERIOR IMMIGRATION ENFORCEMENT RESOURCES”

Here is a link to this hearing:
http://commdocs.house.gov/committees/judiciary/hju99785.000/hju99785_0f.htm

By continuing to ignore the various components of the interior enforcement mission of ICE, any alien who can get past the Border Patrol or the inspector at a port of entry is all but home free. ICE recently acknowledged that they have fewer than 300 special agents seeking aliens who overstayed their authorized period of admission into the United States while it is believed that some 40% of the illegal aliens were admitted through the inspections process and then, in one way or another, violated the terms of their admission.

Clearly the millions of people who have checked out the news reports that addressed the outrageous situation on the Mexican border understand that the government that is supposed to protect our citizens is betraying our citizens. There is absolutely no other way to express my rage at the failings of our government to do what should be expected of our “leaders” and that our leaders are additionally not telling the truth to the citizens of our nation.

A country without secure borders can no more stand than can a house without walls!

November 2nd cannot come fast enough!

We the People, throughout this nation must seek opportunities to make it clear to our political “representatives” that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels and members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Democracy is not a spectator sport!
Lead, follow or get out of the way!

-michael cutler-

This morning I appeared on Fox & Friends Sunday Edition to debate the issue of politicians from Chicago contemplating the acceptance of matricula consular identity documents issued by some 79 foreign governments for their purported citizens residing in Chicago.

This is the brief news report that served as the predication for the debate this morning:

Chicago Looks At Expanding Immigrant ID Cards
CHICAGO (AP) – Two Chicago aldermen want to look at expanding immigrant ID cards.

They want public hearings about allowing the “matricula consular” cards that Latin American immigrants use for identification to be recognized for immigrants from all foreign countries living in Chicago.

The resolution from the aldermen says not having an official ID card can keep immigrants from using city services or other services like banking.

Here is the link to a video of my appearance on Fox & Friends:
http://video.foxnews.com/v/4271102/foreign-ids-now-accepted

My concern about the proposal being debated by the politicians of Chicago is twofold. First and foremost is my concern about the national security implications inherent in the acceptance of these unreliable identity documents. In conjunction with this concern, that I noted during my appearance on Fox & Friends today, click here for the testimony that was provided by Steve McCraw, who was at the time he appeared before the House Subcommittee on Immigration, Border Security and Claims on June 26, 2003, the Assistant Director of the FBI’s Intelligence Division.

His testimony, as you will see, is unambiguous. He clearly stated that such identity documents present serious national security problems for the United States.

I am also concerned and, indeed, frustrated that this proposed acceptance of foreign identity documents for illegal aliens further erodes the distinction between United States citizens, lawful immigrants and illegal aliens. Clearly the motivation for the politicians of Chicago to provide these locally issued identity documents is to create a sort of local amnesty for illegal aliens.

Such identity documents issued by a city, Chicago, in this case, wold enable illegal aliens to live “normal” lives in our country notwithstanding the fact that they have no legal right to be in the United States. This, in turn, would in my view, provide incentives for aliens to enter our nation in violation of law with the expectation of being able to secure a job and otherwise conduct “business as usual” even as they violate our nation’s laws each and every day that they are present in the United States.

Interestingly there are federal statutes that deem it a felony for anyone to encourage, induce, aid or abet aliens to enter our country in violation of law and remain thereafter. These laws can be found in Title 8 of the United States Code, Section 1324. Here is a copy of the relevant section of law:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm

US Attorneys > USAM > Title 9 > Criminal Resource Manual 1907

Title 8, U.S.C. § 1324(a) Offenses

Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Alien Smuggling — Subsection 1324(a)(1)(A)(i) makes it an offense for any person who — knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.
Domestic Transporting — Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
Bringing Aliens to the United States — Subsection 1324(a)(2) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).
Unit of Prosecution — With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
Knowledge — Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.
Penalties — The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
COMMENT: Further discussion of offenses defined in 8 U.S.C. § 1324(a) is set forth in Chapter 3 of Immigration Law, published as part of the Office of Legal Education’s Litigation Series, and as part of the USABook computer library.
[cited in USAM 9-73.100]

How could anyone in the United States of America especially anyone who has taken an oath of office to defend our nation from enemies, foreign and domestic, possibly even think about accepting consular identity documents?

How can those whose job is to promulgate laws blithely and capriciously ignore the laws of the United States?

The critical thing to remember is that the difference between an immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar!

All of those who are elected to represent the citizens of our nation, on all levels- city, state, federal, must abide by the laws of our nation and must make decisions that are in the best interest of our nation and our citizens.

In my view, the enactment of Comprehensive Immigration Reform would be nothing short of catastrophic for our nation. The promulgation of laws and procedures on the local level that act in opposition to the immigration laws of our nation present a threat to the well being of our nation and our citizens and must not be permitted to stand.

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Democracy is not a spectator sport!
Lead, follow or get out of the way!

-michael cutler-

I recommend you read the news article that appeared in today’s edition of the El Paso Times that should be of great concern to all Americans.

The news report deals with seven bullets that were apparently fired across the border that is supposed to separate the United States from Mexico. The bullets struck City Hall.

You may have heard about that border- it is the very same border that California Congressman Pete Stark told his supposed constituents was secure. You will notice that I said Stark’s supposed constituents because I have no idea who he really represents. Supposedly a political representative does his job by representing the best interests of his constituents. In the Case of Mr. Stark, it is doubtful that he gives a damn about the citizens of the United States who live in his Congressional District or any other citizens of our country, for that matter, unless they advocate for the elimination of our nation’s borders and the enforcement of our nation’s immigration laws that were, in fact, promulgated to protect our nation and our citizens.

Here is the link to the town hall meeting that was held on June 26, 2010 as it appeared on YouTube:

This is the very same border that President George W. Bush refused to secure and it is the border that is not being secured by the current administration.

The citizens of the United States who reside in Mr. Stark’s Congressional district have been deprived of true representation. I sincerely hope that this deplorable situation is remedied on November 2, 2010!

Unfortunately Mr. Stark is not the only one who has such obvious contempt for the citizens of our nation. I can imagine that Secretary of Homeland Surrender, Janet Napolitano may declare that the “System worked” once again! Perhaps she will say that the seven bullets that struck El Paso City Hall had been “borrowed” from the United States and were simply being returned!

The point is that I don not believe that there has been a time in the history of our nation when so many Americans came to feel disenfranchised by their own government. Many pundits and news organizations have described members of the Tea Party Movement as being ultra-conservative. In my experience in speaking before a number of events sponsored by Tea Party groups around the United States, I have actually found Americans of all political perspectives. I have met those who are registered as Democrats and those who are registered as Republicans. I have met those who describe themselves as being political Independents. In my view, I believe that the Tea Party movement is the way that hundreds of thousands of Americans, or perhaps millions of Americans are saying that they want to vote for “None of the Above!”

When Felipe Calderon addressed members of the United States Congress, many of the members of Congress gave Mr. Calderon a standing ovation for demanding that his citizens be given lawful status in our country even though they had violated our nation’s borders and laws! He demanded that the federal government take action against the State of Arizona for passing laws that would require local and state law enforcement officials in Arizona to take an individual’s immigration status into account when such individuals are encountered during the normal course of law enforcement duties.

Stop and give this insanity a bit of thought.

Mr. Calderon looks at the majority of his citizens and sees money the same way he might look at an oil field or acres of crops swaying in the breeze! For Mr. Calderon, his citizens are his nation’s number one or number two most lucrative export! By exporting his citizens they work under exploitive conditions in the United States and send money back to Mexico to enhance the Mexican economy to the tune of tens of billions of dollars.

By exporting his citizens he exports the potential for insurrection- most of those who work in the United States are young and able-bodied men, the same individuals who might well storm the gates in Mexico if they had no prospect for employment in the United States and were confined to his country.

Calderon has convinced his citizens that they have the right to enter the United States, at great personal risk, to distract them from the fundamental truth- Mexico has one of the most vibrant economies of all of Latin America but only a very small percentage of the Mexican population benefits from that economy.

While open borders advocates in the United States assert that the immigration issue is about civil rights they refuse to accept the fact that the average Mexican has no real civil rights in his (her) own country! Demanding that illegal aliens in the United States be seen as the next chapter of the “Civil Rights” movement trivializes what the actual Civil Rights Movement were about- providing full citizenship to citizens of the United States who were the descendants of slaves!

Illegal aliens- irrespective of ethnicity, religion or origins are not entitled to civil rights! They are not supposed to be here!

They are not supposed to vote- (although many do).

Illegal aliens are not supposed to work in a workplace free from discrimination- because they are not supposed to be working in the United States at all! (Never mind that Secretary of Labor Hilda Solis has issued public service announcement declaring that the Labor Department would insure that illegal aliens be paid proper wages!)

I would remind you that the difference between an immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar!

Illegal aliens including criminals and terrorists are heading north! They are not stopping near the border either! Janet Napolitano has noted that some 230 cities of the United States are infested by members of the Mexican Drug Cartels. Other gangs from virtually every country on this planet are operating throughout our nation- from coast to coast and border to border.

Yesterday we also found that Russians, allegedly engaged in sophisticated espionage efforts have also entered our country and embedded themselves.

Terrorists have also entered our country and have attempted to carry out murderous attacks on our nation.

And now bullets are also heading north!

Rather than chastising a true political leader- Arizona Governor Jan Brewer and members of her state’s legislature, the President of the United States needs to take his oath of office serious and secure our nation’s borders and do whatever is necessary to make certain that there is real integrity within the immigration system where immigration benefits and the enforcement of the immigration laws from within the interior of the United States are concerned!

It is time for the politicians in Washington to live up to their oaths of office as well!

It is unacceptable that the citizens of this nation be alienated by their own government especially where border security and the enforcement and administration of our nation’s immigration laws are concerned!

I hope that the political leaders of Texas are treated more fairly by the Obama administration than were their counterparts in the state of Arizona!

A country without secure borders can no more stand than can a house without walls!

November 2nd cannot come fast enough!

We the People, throughout this nation must seek opportunities to make it clear to our political “representatives” that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels and members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!
All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!
We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!
You are either part of the solution or you are a part of the problem!
Democracy is not a spectator sport!
Lead, follow or get out of the way!

-michael cutler-

This evening, ABC News and a number of other news programs on other networks reported on the arrest of a group of ten alleged spies operating in the United States on behalf of Russia.

I have attached a link to the print news report to be found on the ABC News website. That link also provides access to the broadcast of the evening news that addressed this story. If you take the time to watch the relatively brief video (and I hope you will) you will notice that a neighbor was heard, in part, to make the following statement:

“Nothing in particular draws my attention to them…they seemed like regular people.”

I ask that you think back to how many times, over the past several years, that I have compared how terrorists operate with the way that spies operate. Spies and international terrorists all need to gain access to our nation and then embed themselves in our nation or, as I have come to refer to it “hide in plain sight.” In discussing the way that terrorists and spies operate, I have often made the point that someone once said that an effective spy is someone who would not attract the attention of a waiter or waitress at a “greasy spoon” diner. I have also added that not only could the same be said of a terrorist but that a spy or terrorist might actually be employed as a waiter or waitress at that “greasy spoon” diner.

This raises the obvious question- does a spy look like? Obviously they look like “regular people!”

In this case, according to the most recent ABC News report I saw on television, a number of the spies had children in the United States as a way of enhancing their “cover!”

Here are some additional questions not asked or answered, thus far the news reports I have seen or read about this case. (As you read these questions I want you to understand that as much as this story is an espionage story- it also is an immigration story.)

How did the spies actually enter the United States? Did they circumvent the inspections process and run our nation’s borders? Did they come ashore from a submarine as did would be spies and saboteurs that Germany sent to the United States during the Second World War who came ashore on Long Island with intentions to commit acts of sabotage with explosives those World War II spies buried near the point where they first set foot on American soil?

Did the spies in this case, perhaps, enter the United States via the inspections process with passports that concealed their true identities? If they entered the United States via the inspections process did they travel with Russian passports or did they have false passports that portrayed them as being from other countries?

If they entered the United States via the inspections process did they have visas for the United States? If they had visas, how were they able to obtain them? Might any of them have entered the United States with false (counterfeit or altered) passports from countries that participate in the Visa Waiver Program? Is anyone considering the possibility that an employee of a United States embassy or consulate may have been corrupted and took a bribe or received some other form of remuneration to provide any of the spies with visas for the United States? (It is worth noting that most of our embassies and consulates employ “locals” that is to say citizens of the country in which the consulate or embassy is located. because it is often difficult to successfully prosecute such “locals” all too often, any such employee who is found to be corrupt is simply fired and that individual often walks away with lots of ill-gotten money- commonly referred to as “bribes.)

What sort of jobs did these individuals have as they embedded themselves in communities in the United States? What documents did they use in order to secure their jobs and complete the Form I-9?

We know that according to the news report, most of the accused spies used names that did not sound or appear Russian but sounded Irish or Hispanic. What sort of identity documents did they have that enabled them to create these false identities for themselves? Considering how long they were purportedly present in the United States, had any of them falsely claimed to be United States citizens or resident aliens? Did any of them succeed in gaming the immigration system in order to acquire resident alien (lawful immigrant) status or even United States citizenship?

The story also notes that clandestine meetings were conducted in South America- how did the spies who journeyed to Latin America enter the countries were meetings were held? How did they then re-enter the United States? Again, the question is, did they enter via the inspections process or did they run our nation’s borders?

I would also like you to consider this quote from the news report:

Also charged is Christopher Metsos, who remains at large and is alleged to be one of the main facilitators for the group and a trained agent living outside the U.S. According to the complaint, Metsos purports to be a Canadian citizen and regularly traveled to U.S. locations to meet with the other defendants, including numerous meetings in New York City in places such as coffee shops and book stores.
How did Christopher Metsos acquire his Canadian citizenship? How did he enter the United States? Did he enter via the inspections process or did he run the Canadian/American border? Did any of the other alleged spies ever visit him in Canada? If they did, how did they transit the border that is supposed to separate the United States from Canada?

You will notice that, as I told you, most of the questions I have raised are actually questions that relate to the enforcement and administration of our nation’s immigration laws- laws that President Obama is apparently adamantly opposed to enforcing- considering that he and his administration are now mounting a legal attack on the State of Arizona for actually taking our nation’s immigration laws seriously!

Chuck Schumer, Nancy Pelosi, Harry Reid and a host of others also seem to believe that as Pelosi has declared, the enforcement of our nation’s immigration laws are “Un-American!”

And here I thought it was “Un-American” for foreign nationals to violate our nation’s borders. I thought it was “Un-American” for foreign nationals (aliens) to commit other violations of laws such as identity theft, tax fraud, and laws that deal with criminal conspiracy. And I also thought that it was “Un-American” for foreign nationals (aliens) to commit acts of violence, terrorism or espionage inside our country and against our country.

Go figure!

The point is that in addition to spying against our nation, presuming that the individuals who were arrested are successfully prosecuted and convicted of their crimes, these spies also must have violated our nation’s immigration laws to enter our country and as a part of the embedding process which enabled them to hide in plain sight as they attempted to plunder our nation’s secrets- including secrets that have a direct impact on national security- allegedly involving nuclear weapons.

It is also interesting to note that according to the ABC News report, that among those who the spies allegedly met with:

“… include a former legislative counsel for U.S. Congress, a former high ranking U.S. government national security official, a person working on bunker busting nuclear warheads, and a New York financier who is prominent in politics and a major fundraiser for an un-named political party.”

This certainly raises a couple of very interesting questions:

“Did the spy ring provide campaign contributions for either or both major political parties?” “Did any particular candidate of any political party know anything about any possible funds that may have been donated to his (her) campaign by these spies?” “If campaign contributions were made by the spies, what, if anything did the campaign contribution buy?”

Finally, the news reports I have seen about this spy case have breathlessly noted that this story was “shocking” that it seemed to be a story to be associated with the “Cold War” of the 1950’s or 1960’s!

How naive can journalists get? Our world is not a safe place! We have adversaries all across this globe! Perhaps the view from space does not provide images that show borders. Perhaps, indeed, our politicians don’t want our borders to be secured and appear to be determined to eradicate them. The harsh reality is that as the saying goes, “Good fences make good neighbors!”

Operatives from many countries seek to learn our most valuable secrets. They want to find ways of defeating us militarily and/or economically. In order to achieve these nefarious goals these countries engage in all sorts of tactics that come under the broad heading of espionage.

It is absolutely infantile to not understand this. Where national security is concerned- ignorance is not bliss- it can be lethal!

A country without secure borders can no more stand than can a house without walls!

November 2nd cannot come fast enough!

We the People, throughout this nation, must do the same sort of thing with all of our elected “representatives.” We must seek opportunities to make it clear to them that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include spies, members of MS-13, the Mexican drug cartels or members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler-

This press release [click here] was issued by ICE (Immigration and Customs Enforcement) on June 22, 2010 to announce that a citizen of India who had been living in the United States had been arrested by ICE special agents and charged with filing false documents in support of visa applications for some 33 citizens of India who had claimed to be religious workers when, in reality, they had no religious training and were working at various jobs that had nothing to do with religion.

Certainly I am glad that the defendant in this case, Sagarsen Haldar has been arrested following the investigation into his alleged criminal activities. However, I am left with a number of questions that I believe would be interest to everyone.

First of all, the press release indicates that Haldar is an Indian national who is residing in the United States- specifically in Milwaukee, Wisconsin. How did he obtain his lawful status in the United States? Did he himself engage in some sort of fraud in order to obtain a visa? What sort of visa was he, in fact, granted? Does he have a green card, for example, based on a marriage to a United States citizen or resident alien? Has anyone investigated the basis for his visa?

The next series of questions I have concern his “clients.” The article indicates that some 33 citizens of India apparently conspired with him in order to secure religious visas in order to enter the United States. How long ago was the first visa issued? Did all of this happen within the past year or two or has this been an ongoing fraud scheme that spansa number of years? What if anything is being done to determine if any additional individuals were involved in this conspiracy? For example, how did the 33 individuals come to know about Mr. Haldar? Were there any others involved who acted, perhaps as intermediaries? Is anyone at ICE or the State Department looking at the consular offices at the United States embassy or consulate where the visas were issued to these individuals?

This of course begs the question- are there other petitioners such as Haldar who might have worked with a corrupt official at an American consulate or embassy? If so, have they also been identified along with their “clients” who might already be in the United States?

The article indicates that Mr. Haldar had a religious temple in Milwaukee. Was that temple being used in conjunction with other crimes such as tax fraud, money laundering or perhaps even more serious crimes- perhaps even involving national security issues?

Finally, I would absolutely love to know if ICE has identified all of the individuals who received assistance, in falsely claiming to be religious workers. from Haldar and if ICE has located them and taken them into custody?

Will they also be criminally prosecuted for their part in the conspiracy?

Will they be removed (deported) from the United States along with any family members they may have brought with them on their fraudulently obtained visas?

What activities might these 33 individuals been engaged in that motivated them to be willing to provide Mr. Haldar with up to $30.000.00? That would be an extremely large payment for a minimum wage worker to be willing to provide to someone who would assist them in illegally entering our country! Think how many years it would take for such a minimum wage worker to be able to repay after paying for his own expenses and sending a few dollars back home! It could take nearly a lifetime for such a debt to be repaid by someone making under ten dollars an hour!

So many questions!

Now the next thing I want you to consider is just how rare such prosecutions are because there are so few special agents employed by ICE (Immigration and Customs Enforcement) to try to lend integrity to the immigration benefits program and the process by which visas are issued.

Of 94 terrorists who were identified as operating in the United States in the decade leading up to the terrorist attacks of September 11, 2001, 59 of those terrorists were found to have engaged in either visa fraud or immigration fraud. If you do the math you will quickly realize that this amounts to about two-thirds of those terrorists gamed the system in order to enter our country and/or embed themselves in our country.

With all of the talk about the Mexican border and the resources that the United States has or has not provided to secure our nation’s borders, just about no one is even discussing visa fraud and/or benefit fraud. Ironically, this was the very topic of the first hearing before a Congressional hearing at which I testified in May of 1997 after the two terrorist attacks of 1993.

In January 1993 a Pakistani national by the name of Mir Kansi stood outside CIA Headquarters with an AK-47 and opened fire on the vehicles of CIA officials reporting for work on that cold January morning in Virginia. When the smoke dissipated, 2 CIA officer lay dead and three other were seriously wounded. Kansi fled the United States and was ultimately brought back to stand trial. He was found guilty and executed for his crimes. He had also been granted political asylum and had been subsequently found to have lied on his application, thereby committing fraud.

Just one month after the attack on the CIA, the World Trade Center was heavily damaged by a bomb placed in the back of a rental truck that was parked in a garage in the World Trade Center garage. I have noted on previous occasions, including when I have testified before Congressional hearings, Mahmoud Abouhalima, one of the key players in this deadly attack, acquired amnesty as an agricultural worker during the 1986 Amnesty. He never worked on any farm but, rather, drove a cab and had his driver’s license suspended on numerous occasions for a variety of vehicle and traffic law violations. In fact the only thing he was ever found to have planted was a bomb in the basement of the World Trade Center that left 6 people dead, hundreds- if not thousands of people injured, and an estimated one half billion dollars in damages inflicted to that iconic fixture of the New York City Skyline that was reduced to rubble, along with the victims who were trapped in that complex and the airliners that struck them, as a result of the attacks of September 11, 2001.

On May 11, 2006 I testified before the House Subcommittee on Oversight and Investigations of the Committee on International Relations on the topic:

“VISA OVERSTAYS: CAN WE BAR THE TERRORIST DOOR?”

You can read the transcript of that hearing at: http://commdocs.house.gov/committees/intlrel/hfa27480.000/hfa27480_0f.htm
A recent newspaper report indicated that there are all of 272 ICE special agents for the entire United States seeking to locate an estimated 4.5 million illegal aliens who overstayed their authorized period of admission or otherwise violated the terms of their admission into the United States! You could literally say that the odds are not good for the United States of America!

Make no mistake, where the instant case is concerned, the agents and prosecutors who conducted the investigation into Sagarsen Haldar’s alleged crimes did an excellent job. My concern is that there are many loose ends that must be tied up.

The questions I have raised must be answered by the officials who are conducting the investigation. All of these issues require resources and real leadership. The implications could not be more serious.

Thus far the resources have been lacking along with the will to get the job done effectively. Yet the administration and members of Congress, in both houses are apparently planning to find a way to foist “Comprehensive Immigration Reform” on us. There is a list of reasons as to why I am adamantly opposed to Comprehensive Immigration Reform- but first and foremost on my list is NATIONAL SECURITY!

I have often said that the only thing worse than no security is false security. Providing millions- arguably tens of millions of illegal aliens with official identity documents and lawful status in our country when there would be no way of knowing the true identities of those incomprehensible huge numbers of illegal aliens would create a national security nightmare that would dwarf any threat our nation has ever previously faced!

The tens of millions of illegal aliens who would, no doubt show up at immigration offices, will not be able to prove who they are. That is what “undocumented” really means. They haven’t a shred of official paper to attest to their names, their nationalities, their date, place or manner of entry into our country.

Of course the proponents for Comprehensive Immigration Reform will tout the fact that each application will undergo a security check. All that this means is that the applicants will be fingerprinted and their names, as they write them on their applications, will be checked against a database. Any criminal or terrorist who has never been fingerprinted in the United States and provides a false name, would easily pass through this cursory process in a New York minute! Not only would they get away with it- the government of the United States would provide them with a brand new “clean” name. If their true names were on terror watch lists around the world, the government of the United States would have provided them with a brand new identity just as certainly if they had been enrolled in the “Witness Protection Program!”

Just stop and think how much damage and how great was the loss of life on September 11, 2001. That attack required only 19 terrorists.

How many terrorists would seek to participate in the massive amnesty program that the Comprehensive Immigration Reform program would create?

USCIS (United States Citizenship and Immigration Services) is the agency that would be in charge of administering Comprehensive Immigration Reform. Time and again the GAO (General Accountability Office) and the OIG (Office of the Inspector General) have conducted investigations and issued reports that clearly indicate that USCIS is inept and incompetent.

The last time that Comprehensive Immigration Reform was proposed, the legislation would have required that at least 100,000 applications for inclusion in that program would be processed each and every working day! That would be in addition to all of the other applications that they were already dealing with. It is estimated that each year that beleaguered and incompetent agency processes more than 6 million applications- without having to deal with the tsunami of applications that Comprehensive Immigration Reform would create!

November 2nd cannot come fast enough!

We the People, throughout this nation, must do the same sort of thing with all of our elected “representatives.” We must seek opportunities to make it clear to them that we understand their game plan and won’t tolerate it!.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels and members of al-Qaeda!

If reading this makes it difficult for you to sleep now- perhaps you could do something worthwhile- perhaps you might spend a couple of your sleepless hours writing letters to your elected representatives this evening and remind them that Election Day is just months away!

We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”

Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!

However, the practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler-