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More aptly entitled the drop anchor baby bill
 

More aptly entitled the drop anchor baby bill

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Bad legislative effort that is doomed to failure.

Bad legislative effort that is doomed to failure.

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    More aptly entitled the drop anchor baby bill More aptly entitled the drop anchor baby bill Document Transcript

    • More Aptly Entitled the Drop Anchor (Baby) Bill! Another Bill with ZERO Co-Sponsors 112th CONGRESS 1st Session H. R. 250To provide discretionary authority to an immigration judge to determine that an alien parent of aUnited States citizen child should not be ordered removed, deported, or excluded from theUnited States. IN THE HOUSE OF REPRESENTATIVES January 7, 2011Mr. SERRANO introduced the following bill; which was referred to the Committee on theJudiciary [From whence is shall never be heard from again—if we are lucky!!!!!!] A BILLTo provide discretionary authority to an immigration judge to determine that an alien parent of aUnited States citizen child should not be ordered removed, deported, or excluded from theUnited States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. DISCRETIONARY AUTHORITY WITH RESPECT TOREMOVAL, DEPORTATION, OR EXCLUSION OF PARENTS OF CITIZENCHILDREN. Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following: `(D) DISCRETION OF JUDGE IN CASE OF CITIZEN CHILD- In the case of an alien subject to removal, deportation, or exclusion who is the parent of a child who is a citizen of the United States, the immigration judge may exercise discretion to decline to order the alien removed, deported or excluded from the United States if the judge determines that such removal, deportation, or exclusion is clearly against the best interests of the child, except that this subparagraph shall not apply to any alien who the judge determines-- `(i) is described in section 212(a)(3) or 237(a)(4); or `(ii) has engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)..Serrano’s Drop Anchor Baby Bill! Page 1
    • Who would Mr. Serrano actually bar from the relief he is otherwiseproposing to give to someone having an “anchor baby”?INA § Sec. 212. [8 U.S.C. 1182](a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act,aliens who are inadmissible under the following paragraphs are ineligible to receive visas andineligible to be admitted to the United States:(3) Security and related grounds.- [Spies, terrorists, militant opposition, Nazis, otherpersecutors, extrajudicial killings, seeking to overthrow the U.S. Government, terroristsympathizers, and people who have exploited child soldiers.](A) In general.-Any alien who a consular officer or the Attorney General knows, or hasreasonable ground to believe, seeks to enter the United States to engage solely, principally, orincidentally in-(i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,(ii) any other unlawful activity, or(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, theGovernment of the United States by force, violence, or other unlawful means, isinadmissible.(B) Terrorist activities-(C) Foreign policy.-(D) Immigrant membership in totalitarian party.-(E) PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSIONOF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLINGF) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the Secretaryof State, after consultation with the Attorney General, or the Attorney General, after consultationwith the Secretary of State, determines has been associated with a terrorist organization andintends while in the United States to engage solely, principally, or incidentally in activities thatcould endanger the welfare, safety, or security of the United States is inadmissible.(G) RECRUITMENT OR USE OF CHILD SOLDIERS- Any alien who has engaged in therecruitment or use of child soldiers in violation of section 2442 of title 18, United States Code, isinadmissible.INA § 237 [8 U.S.C. 1227](a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to theUnited States shall, upon the order of the Attorney General, be removed if the alien is within oneor more of the following classes of deportable aliens:Serrano’s Drop Anchor Baby Bill! Page 2
    • (4) Security and related grounds.- [Spies, terrorists, militant opposition, Nazis, otherpersecutors, extrajudicial killings, seeking to overthrow the U.S. Government, terroristsympathizers, and people who have exploited child soldiers.] etc…. TITLE 22--FOREIGN RELATIONS AND INTERCOURSE CHAPTER 78--TRAFFICKING VICTIMS PROTECTION22 U.S.C. § 7102 Definitions(8) Severe forms of trafficking in persons The term ``severe forms of trafficking in persons means— (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.(9) Sex trafficking The term ``sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.To answer the original question:Mr. Serrano would only keep out the worst of the worst! He wouldreward everybody else that did not fit into one of these very specificdespicable categories.I do not see aggravated felons, murderers (aside from extrajudicialkillings, Nazis, or genocide), child molesters UNLESS theytrafficked the child, pornographers UNLESS they used a traffickedchild or enslaved “sex trafficked” adult, drug traffickers, moneylaunderers (UNLESS they used the money to support terrorism orthe sex trade), run of the mill burglars and thieves and assortedcriminals of oh so many varieties.Serrano’s Drop Anchor Baby Bill! Page 3
    • Mr. Serrano’s webpage on the www.house.gov website includes thisblurb: Promoting a Rational, Humane Immigration Policy Serranos most recent immigration-related legislative proposal enacted into law responded to the September 11th terrorist attacks on New York City and Washington, D.C. The law granted posthumous citizenship to non-citizens who died as a result of the September 11th attacks and who had already initiated the process to become U.S. citizens. Serrano succeeded in having the bill incorporated into a larger bill, which signed into law (P.L. 107-77) at the end of 2001. http://serrano.house.gov/Biography.aspxIt is clear that this guy is a not getting much done in immigrationmatters. His last claim to any progress is almost a decade old!Serrano was one of the fifteen conferees on the bill but no specificamendment is attributable to him. Whatever he contributed musthave been done informally.This was a bipartisan slam-dunk bill that had to be passed.That law (Commerce, Justice, and State Appropriations for FY2002) passed by a vote of 411 to 15 (cranky Republicans) with 6 notvoting (3 Republicans and 3 Democrats) (could have been absent).Serrano’s Drop Anchor Baby Bill! Page 4