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Greg Siskind on Immigration Law and Policy

POSNER MAKES THE CONSERVATIVE CASE FOR LEGALIZATION

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One of the great legal minds of our age, Judge Richard Posner (who, I should mention for full disclosure's sake, was, and still is, a professor at my law school), makes the case that mass deportation is a very, very bad idea and that the only acceptable option is, yes, an amnesty. I've made the argument numerous times on this blog that real conservatives like John McCain are not afraid to take on the issue, but the faux anti-business "conservatives" on this issue are selling out their principles when they argue for an enforcement only approach.

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  1. jamesVanderbeek's Avatar
    I find his statement "They are not Americans; we do not owe them anything." OFFENSIVE and perverse ... foreigners can make a reverse (also perverse) argument that since they are not americans , why should they pay taxes and social security .... they dont owe the americans anything either ....

    Third, it is argued that an amnesty would be unfair to those foreigners patiently waiting in line for permission to immigrate legally to the United States. But why the United States should care about these people is obscure. They are not Americans; we do not owe them anything. If an amnesty solves our problems, the fact that it is in some global sense "unfair" to another set of foreigners deserves, in my opinion, no consideration.

    Posted by Richard Posner at 02:17 PM
  2. WD's Avatar
    Good article until it ends with a dangerous end note.

    "Third, it is argued that an amnesty would be unfair to those foreigners patiently waiting in line for permission to immigrate legally to the United States. But why the United States should care about these people is obscure. They are not Americans; we do not owe them anything. If an amnesty solves our problems, the fact that it is in some global sense "unfair" to another set of foreigners deserves, in my opinion, no consideration."

    Isn't a Judge supposed to be upholding law? Judge Posner seems to think otherwise. His solution to "undocumented" immigration - let the legal immigrants rot, let's reward law-breakers first.

    With this kind of attitude shown to them, so called pro-immigrants shouldn't be surprised that legal immigrants are mightily displeased with such love for "undocumented" and hatred of legal law-abiding people.
  3. A's Avatar
    "Third, it is argued that an amnesty would be unfair to those foreigners patiently waiting in line for permission to immigrate legally to the United States. But why the United States should care about these people is obscure. They are not Americans; we do not owe them anything. If an amnesty solves our problems, the fact that it is in some global sense "unfair" to another set of foreigners deserves, in my opinion, no consideration"

    Exactly the message is the best way to immigrate to USA is jump the fence or overstay the visa. Great ... More rule breakers in the country is good for america.
  4. Legal's Avatar
    And this guy is supposed to be a judge huh...Now I see why some people hate judges who legislate from the bench.
  5. jamesVanderbeek's Avatar
    The judge has lost his judgement !!!!
  6. Another voice's Avatar
    This is an awsome legal opinion!!!!!!!!!!!!! I like Judge Posner's analysis and legal thinking. Its practical and forward thinking and it counter's the usual points made by the antis in regards to amnesty.
  7. D's Avatar

    http://www.cnn.com/video/#/video/bestoftv/2008/02/04/intv.dobbs.vs.murguia.cnn?iref=24hours

    The Natl Council of Laraza's Murugia is on Lou Dobbs kicking that bigot's a**.
  8. Another voice's Avatar
    I think that this could be a start when Congress is analyzing the legal basis for solving the Undocumented worker issue and dealing with the broken Immigration system but this can not just end there it would have to be accompanied by resolving current issues affecting all legal immigrants as well as a better design for any immigrant wishing to come to US regardless of the skill level as long as there is a job here. With the baby boomer generation retiring lots of immigrants of all skill levels will be needed to fill the void left by the retirees. I do not think people should take offense to Judge Posner's statements in his opinion as he is merely analyzing how to solve the undocumented immigrants issue.
  9. jamesVanderbeek's Avatar
    Yeah .... I am willing to discount that last statement Posner made if the legals waiting for Visa dates are given a one time waiver from the visa date, country quota requirement.
  10. Another voice's Avatar
    "Yeah .... I am willing to discount that last statement Posner made if the legals waiting for Visa dates are given a one time waiver from the visa date, country quota requirement"

    If you want to make this about Legal Immigrant v. Illegal Immigrant you are missing the point. When lawyers in Congress meaning your Senators and Representatives write laws they consider some of these legal opinions when weighing the pros and cons of writing a law a certain way.
  11. L's Avatar
    "I do not think people should take offense to Judge Posner's statements in his opinion as he is merely analyzing how to solve the undocumented immigrants issue."

    It is very offensive to suggest that spouses/children/brothers/sisters of american citizens who are waiting in the line patiently for their turn dont deserve a fair shake with the system because they are not americans but illegals who dont have any respect for the immigration system or rules should given citizenship/greencard immidiately. This professor/judge lost his mind. He is trying to give political opinions not legal ones. This guy is an absolute disgrace to the american system of fairness. This guy is nothing but a left wing nut job.
  12. jamesVanderbeek's Avatar
    "If you want to make this about Legal Immigrant v. Illegal Immigrant you are missing the point. When lawyers in Congress meaning your Senators and Representatives write laws they consider some of these legal opinions when weighing the pros and cons of writing a law a certain way."

    Maybe you are right .... that blog was for discussing legalese of amnesty. So the point was legal remedies, legal justifications for it and from that "legal" point of view legal immigrants are now where in picture since they create a totally separate "legal" class of people from the "illegal class" of people. and so the justification goes ....these separate classes require separate solutions independent of each other??????
  13. Rahul's Avatar
    Third, it is argued that an amnesty would be unfair to those foreigners patiently waiting in line for permission to immigrate legally to the United States. But why the United States should care about these people is obscure. They are not Americans; we do not owe them anything. If an amnesty solves our problems, the fact that it is in some global sense "unfair" to another set of foreigners deserves, in my opinion, no consideration.

    What? Don't forget that the potential legal immigrants also include employment-based immigrants who have been here legally on work visa since late 1990s and paying taxes. These hard-working legally here folks are as American as ever.

    Posner is a self-righteous pig to say "America does not owe them anything!"
  14. same old voice's Avatar
    This is an awsome legal opinion!!!!!!!!!!!!! I like Judge Posner's analysis and legal thinking. Its practical and forward thinking and it counter's the usual points made by the antis in regards to amnesty.



    same old stuff from the voice...as long as his/her illegal kin get amnesty that is all that matters. let the legal immigrants rot in line. who cares?
  15. A's Avatar
    "Maybe you are right .... that blog was for discussing legalese of amnesty. So the point was legal remedies, legal justifications for it and from that "legal" point of view legal immigrants are now where in picture since they create a totally separate "legal" class of people from the "illegal class" of people. and so the justification goes ....these separate classes require separate solutions independent of each other??????"

    I dont think this "judge" is giving a legal opinion. He is giving a political opinion. There is a difference between both.
  16. Yes's Avatar
    "same old stuff from the voice...as long as his/her illegal kin get amnesty that is all that matters. let the legal immigrants rot in line. who cares?"

    Exactly, According illegal lobby who follow the rules are fools.
  17. jamesVanderbeek's Avatar

    "I dont think this "judge" is giving a legal opinion. He is giving a political opinion. There is a difference between both."

    I was being sarcastic to AV's comment about me missing the point...

    AV how about this ..... give the one time waiver for country quota and visa dates to the legals waiting for the Visa dates ... provided the legals clear the FBI name check and other security checks ...
    Now legals get out of the USCIS line rightfully so right since they followed all the rules??? and now USCIS has a clean slate to begin accepting any and all applications from every one who applies ...illegals get a chance to apply for GC -> citizenship after other conditions set are met (back taxes , fines et all)....
  18. Another voice's Avatar
    Bla Bla Bla Bla go head make a Illegal v. Legal is not going to change or help your current situation or current system. You will still be the same old bitter immigrants but I still think you are barking at the wrong tree!!!!
  19. Another voice's Avatar
    " This guy is an absolute disgrace to the american system of fairness. "

    Who says that the american system is fair or life is fair for tha matter, it isn't and that is the cold true!!!!!!!!
  20. jamesVanderbeek's Avatar
    yup .... Blah Blah Blah to you too
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