
The law that Kelly plans to enforce is
the 1965 Immigration and Nationality Act, which was approved by 52 Democrats in
the Senate and 202 Democrats in the House in a Democrat-controlled Congress.
Congress began debating
and would eventually pass the Immigration and Naturalization Act of 1965,
co-sponsored by Representative Emanuel Celler of New York and
Senator Philip Hart of Michigan and heavily supported by
the late president’s brother, Senator Ted Kennedy of Massachusetts. During
Congressional debates, a number of experts testified that little would
effectively change under the reformed legislation, and it was seen more as a
matter of principle to have a more open policy. And was approved by 52
Democrats in the Senate and 202 Democrats in the House in a Democrat-controlled
Congress.
Indeed,
on signing the act into law in October 1965, President Lyndon B. Johnson stated
that the act “is not a revolutionary bill. It does not affect the lives of
millions….It will not reshape the structure of our daily lives or add importantly
to either our wealth or our power.”
What the memos say, however, is that DHS
will enforce the 1965 law.
Critics say, for example, Kelly wants to
enlist local law enforcement to help identify and arrest illegals. CNN says the
memos "expand the federal government's ability to empower state and local
law enforcement agencies to perform the functions of immigration
officers."
Not true. This ability is drawn directly
from the 1965 law and has been used ever since as a "force
multiplier." It was Obama who sharply scaled the program back — after he won re-election in
2012.
The decision to ship illegals back to
Mexico, even if they came from another country, is also drawn directly from the
law — which also, by the way, makes it clear that illegals can be deported
simply for the crime of being in the country illegally.
As far as "stripping"
immigrants of "privacy protections," what Kelly's memo actually says
is that DHS will abide by the 1974 Privacy Act, which provides privacy
protections for information collected by the federal government about U.S.
citizens. These protections, the law makes clear, do not extend to visitors or
aliens.
In early 2009, the DHS decided on its own to extend the
Privacy Act to illegals, because it was easier to do so. Kelly's memo simply
rescinds that 2009 "guidance memorandum."
This doesn't strip immigrants of any
privacy rights — which they didn't have to begin with — but simply better
aligns DHS policy with federal law.
It's true that Kelly plans to hire
10,000 more agents and officers, but many of these personnel will go toward
speeding up what is an absurdly long removal process and to better enforcing
existing laws.
In any case, the memos make clear that
DHS still intends to prioritize their deportation efforts on illegals who are
1) criminals, 2) drug traffickers or 3) national security risks. Anyone want to
object to that? Source: IBD