The phrase, Failure is Not An Option served as the title of the book written by Gene Kranz, Flight Director for NASA who helped create the U.S. manned space program and was instrumental in successfully returning the crew of Apollo 13 to the earth after their spacecraft suffered a catastrophic explosion half-way to the moon.
In most professions, especially where lives are on the line, failure to do the job is not an option. This is particularly true where law enforcement and the military are concerned.
Politicians, not unlike members of the military and law enforcement officers, take oaths of office where they swear (affirm) that they will enforce our laws and defend the Constitution. While law enforcement officers and members of the armed forces may face dire consequences for violating their oaths of office, politicians generally do not.
Their oaths of office do not provide an “escape clause” whereby they may opt to ignore any of the laws that are not to their liking.
Unlike the entries on the menu of a restaurant where the patrons order the food that they find palatable or where they may substitute one item on the menu for another, their oaths of office demand that those who take that oath agree to enforce all laws and honor and defend all of the provisions of our Constitution.
Dereliction of duty is a serious offense for members of the armed forces and for law enforcement officers and one that carries significant consequences.
On June 4, 2019 ABC News reported, Police arrest ex-deputy who ‘did absolutely nothing to mitigate’ Parkland school massacre.
We will not delve in the specifics of this ongoing case, but it is important to note that the deputy sheriff in this case has been charged with multiple crimes, some of which are felonies, all emanating from his alleged failures to act to protect the children who were killed in that school.
Contrast how that deputy is being prosecuted for alleged failures to act with the politicians who, with impunity, demand that law enforcement officers not act to cooperate with immigration law enforcement personnel – even when those actions result in the death of innocent victims.
The outrageous assertions that “Sanctuary” policies protect immigrants from immigration law enforcement are blatant lies. Law abiding aliens, immigrants and non-immigrants alike, need no protection from ICE (Immigration and Customs Enforcement) agents..
Aliens who violate our immigration laws, however, pose a threat to national security and public safety. The 9/11 Commission was crystal clear that the terror attacks of September 11, 2001 and other such attacks conducted by aliens in the United States were only possible because of multiple failures of the immigration system.
In fact, I would argue that violations of our borders and immigration laws must be seen as violations of our Constitution.
Article IV, Section 4 of the U.S. Constitution provides:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.
Invasion is defined, in part, as an incursion by a large number of people or things into a place or sphere of activity or an unwelcome intrusion into another’s domain.
My recent article, Sanctuary Policies Kill, included a link to a May 21, 2019 ICE press release, ICE seeks custody of teen murder suspects for a second time– Local jurisdiction failed to honor previous detainers which began with this excerpt:
BALTIMORE – Following the recent arrest of two unlawfully present teens suspected in the violent murder of a young girl in Maryland, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officers in Baltimore are again seeking to take custody of the illegal aliens through the ICE detainer process following the Prince George’s County Detention Center’s (PGCDC) failure to cooperate.
Josue Rafael Fuentes-Ponce and Joel Ernesto Escobar, both Salvadoran nationals, were previously arrested on May 11, 2018 when they were arrested by Prince George’s County Police Department (PGCPD) for attempted first-degree murder, attempted second-degree murder, participation in gang activity, conspiracy to commit murder, attempted robbery, and other related charges. ICE officers lodged a detainer with PGCDC, however both were released on an unknown date and time without notification to ICE.
On May 16, 2019, PGCPD arrested the same individuals and charged them with first-degree murder.
That girl who was killed was stabbed and bludgeoned to death was just 14 years old, roughly the same age as some of the children who were shot to death at the Parkland school massacre.
She is no less dead than are the victims of the school shooting in Florida and her life is no less valuable.
Had the officials of Prince George’s County honored the ICE detainer, that young girl would still be alive today.
Tragically and infuriatingly, this is not an isolated case. This refusal by “Sanctuary” jurisdictions to cooperate with ICE occurs across the United States with sickening regularity and all too frequently with innocent people being killed.
Malfeasance has been defined as the performance by a public official of an act that is legally unjustified, harmful, or contrary to law.
It would certainly appear that the promulgation of “Sanctuary” policies constitutes malfeasance.
Furthermore, when the political leaders of a jurisdiction order law enforcement officers who are under their command to ignore immigration laws, they are inducing/coercing malfeasance by those sworn law enforcement officers.
Our nation’s borders and our nation’s immigration laws make no distinction about race, religion or ethnicity. They were enacted to prevent the entry and continued presence of aliens who pose a threat to public safety, national security and the lives and livelihoods of Americans.
A review of one of the sections of the Immigration and Nationality Act (INA), 8 U.S. Code § 1182 that enumerates the categories of aliens who are to be excluded from entering the United States dispels any doubts about the nature of our immigration laws.
Additionally, multiple failures of the House and Senate to fund a border wall, provide funding for enhancing the enforcement of our immigration laws from within the interior of, and provide legal remedies to failure of the immigration laws particularly where political asylum and the Flores Decision are concerned, further exacerbates the immigration crisis.
Adding fuel to the blazing fire that is the obvious crisis along the border, the Democrat-controlled Congress just passed a new version of the DREAM Act, as reported by CBS News on June 5, 2019, House passes latest DREAM Act, hoping to place millions of immigrants on path to citizenship.
At the same time it was reported, California Lawmakers Move to Expand Medicaid for Illegal Immigrants.
Rather than deter illegal immigration, these legislative actions incentivize illegal immigration.
A section of the INA, 8 U.S. Code § 1324, establishes crimes that relate to the smuggling of aliens into the United States as well as the harboring, shielding such aliens from detection.
That section of law also deems it to be a crime to encourage or induce aliens to enter the United States illegally or remain in the United States illegally or otherwise aids or abets these crimes or crimes relating to conspiracies to commit these crimes.
This law seemingly only applies to “mere” citizens but not to our political elites.
Either through litigation and/or elections, those politicians who obstruct immigration law enforcement and thus fail to adhere to their oaths of office and Constitutional responsibilities, must be made accountable.