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Wednesday, October 8, 2014

Day of the Upset ... but not in Austin

I am admittedly a little late getting this post up, but then, I don't write about sports for a living. (To loyal readers and followers of this blog, sorry it has been so long since I've posted something. I've had ideas, believe me, but starting a law practice from scratch and keeping it afloat are very time-consuming.)

It's been a while since there's been so much upheaval in the NCAA football rankings in one week, or even in one day. On Saturday, 11th-ranked Mississipi ("Ole Miss") beat No. 3 Alabama, No. 4 Oklahoma lost to TCU, which had just made it into the AP Top 25 this season, and 12th-ranked Mississippi State battered some stupid cow college that was ranked No. 6. Add to that No. 2 Oregon's embarrassing home loss to unranked Arizona, and you had four of the top six teams losing this week, causing a scrambling of the rankings at the top of the AP poll. No. 17 Wisconsin and 18th-ranked Brigham Young University also lost to unranked teams, (Northwestern and Utah State, respectively).

Other top-ranked schools avoided being upset, most importantly No. 7 Baylor, which handed Texas its third loss at home this year. The Bears almost shut out the Longhorns, but two costly penalties against Baylor's defense on UT's last possession of the game allowed them to score a touchdown with 2:14 remaining.

The 'horns nearly scored twice in the first half, but Baylor defensive lineman Beau Blackshear successfully blocked a 52-yard field goal attempt, and safety Terrell Burt scooped up the ball and returned it 62 yards for his second career touchdown. Then, right before halftime, Texas quarterback Tyrone Swoopes fumbled the snap at the 1-yard line, and Blackshear was there to recover the ball.

The most spectacular drive of the game was easily the one kept alive by Baylor punter Spencer Roth’s faked punt and 19-yard run on fourth-and-5 in the third quarter. Three plays later, quarterback Bryce Petty completed a pass to Antwan Goodley, who ran it into the end zone for a 30-yard touchdown.

The 28-7 final score could easily have been more lopsided, but the referees took six points for Baylor off the scoreboard in the second quarter after an official review determined that Petty was stopped short of the goal line when he ran with the ball on 2nd & Goal from the 5. Texas's surprisingly strong defense managed to keep Baylor out of the end zone on its ensuing two attempts, resulting in a turnover on downs.

Much to my chagrin, the Bears chose to let our QB take a knee on the last play of the game, when Baylor had the ball on the Texas 7-yard line with one second remaining on the clock. The obvious call for me would have been to let Chris Callahan attempt a field goal. I know we didn't need the extra points, but our poor kicker could have used a confidence boost after missing five of his six field goal attempts so far this season, and to deny him that opportunity, when there was nothing on line, came across (to me, at least) as a slight at the young man.

For those of you not familiar with the history and dynamics of the Big Twelve, let me explain why this game was such a big deal. Texas used to be the big dog, the king of the conference. They're the most recent Big 12 team to win a national championship (in 2006). They are the school that produced Earl Campbell and Dallas Cowboys icons Tom Landry and Tex Schramm. Movies have been made about Texas football, even about their cheerleaders.

But, in recent years, the mighty have fallen. As mentioned earlier in this post, Texas has lost three home games already this season, putting them at 2-3 overall and 1-1 against conference opponents. They are 14½-point underdogs going in to this Saturday's game against Oklahoma, perenially played at the Cotton Bowl in Dallas. Longtime coach Mack Brown, who led them to that national championship and another Big 12 conference title in 2009, stepped down at the end of the 2013 season, and the team has apparently not been doing well under his successor, Charlie Strong.

Even before Brown’s exit, the school's football program was clearly in decline. I'm told that that their 8-5 record last year made Brown the first coach in Texas history to have four straight seasons with at least four losses.

Texas's decline overlapped with Baylor's rapid ascent. In the past four years, my alma mater has played in four consecutive bowl games--a first in school history--turned out a Heisman trophy winner--another first--and won its first Big 12 title. Oh, and we've got a fancy new stadium on the north bank of the Brazos River now, too.

The unofficial passing of the torch may have come last December when Baylor defeated Texas 30-10 to win that conference title.

The feelings of resentment among other teams, especially Texas, are stark, as Jordan Garrettson reported for the AP last week:

"They're still Baylor," said John Harris, who leads Texas with 336 receiving yards. "Just because they started playing better, that's good for them. We're still Texas."
Those remarks came about six months after Longhorns linebacker Steve Edmond was reprimanded by the Big 12 for his disrespectful comments toward the Bears after spring practice.
"I really don't like Baylor. I still feel they're trash," Edmond said. "Y'all think it's funny, but I'm dead serious. They've had some good players. But I don't understand how we lost to Baylor."
These players' jeers at the new king of the Big 12 underscore what is becoming an undeniable fact: the upper echelon of the NCAA bowl subdivision (the FBS) is, to many schools, an elite club of historically dominant teams, and they don't like it when schools they used to beat the tar out of improve themselves and break into that upper echelon. I'm sure it hasn't been fun for Texas, Oklahoma or Baylor's old archrival, Texas A&M, to hear sportscasters gush over Baylor this season and last and how we're now the stars of the Big 12 and had the No. 1 offense in the FBS last season after years of ridicule and derision.

Baylor's upcoming game against TCU is also significant for many reasons, including some of the same. See, no matter what they say now, TCU was grateful to be a part of the Big 12 after the conference reshuffling in 2011-12. For years, the Horned Frogs felt that their football team was underrated and underranked. A 13-0 record and a Rose Bowl victory in 2011 brought them national renown on a level they had not enjoyed since the days of Abe Martin. (I'm sure former Horned Frog LaDainian Tomlinson's star power helped as well.) It's fair to say that a lot of TCU students, alums and other fans expected them to be the talk of the Big 12 when they joined the conference in 2012.

But it was not to be. Roughly eleven months after the Horned Frogs capped their undefeated season with their first Rose Bowl win, Robert Griffin III won the Heisman Trophy, a high honor in a remarkable season for Baylor. RG3 proved to be not only a stellar quarterback but a recruiting boon like nothing Baylor's football program had ever had before. Although they had some adjustments to make in its first season post-RG3, the Bears still managed to finish a respectable 8-5, including a stunning upset of then No. 1-ranked Kansas State and a Holiday Bowl victory over UCLA. Meanwhile, despite a 49-21 rout of Baylor in October, TCU finished their debut season as a Big 12 team with a bowl game loss to Michigan State and a 7-6 record overall (4-5 in conference games). They ended the year unranked for the first time since 2007. More importantly, Baylor was picking up a lot of high school talent that would otherwise have gone to other schools, such as TCU. One of BU's most potent weapons this year and last, running back Shock Linwood, was once a commit to TCU. So was current Baylor defensive lineman Andrew Billings.
The long-running Baylor-TCU rivalry (which I've just learned has been nicknamed "The Revivalry") got even hotter last year, when Baylor defeated the Horned Frogs 41-38 in Fort Worth on their way to that Big 12 title. After the game, TCU coach Gary Patterson unloaded on his Baylor counterpart. Sports columnist Gil LeBreton wrote for the Fort Worth Star-Telegram:

“The bottom line,” Patterson said, “is he’s picking on the wrong guy.”
It was one of a steamy series of Patterson-issued “bottom lines” Saturday. His voice shook with anger, even though Patterson claimed he wasn’t mad.
He professed, more than once, that he had “respect for him” and “respect for his program,” even as he questioned the Bears’ class.
At the root of it, Patterson tried to explain, was Baylor senior safety Ahmad Dixon’s targeting penalty on Frogs receiver Trevone Boykin and what Briles did or didn’t do in the wake of it.
“Here’s the bottom line to it,” Patterson said, “No. 6 [Dixon] beats a guy up at the beginning of the season and he didn’t get suspended. He takes a shot today, and I want him kicked out.
 And the head coach comes across the field at me.”
Patterson contended that while officials were discussing the penalty, Briles came onto the field and yelled something at him.
Their postgame handshake later, Patterson reported, was brief, but went right to the sore spot at hand.
“I didn’t say anything,” the TCU coach said. “He said, ‘Leave it on the field.’
 I said not. You come across the field at me and later you want me to leave it on the field? No.”
Dixon was arrested on a misdemeanor assault charge in a September incident. He was not suspended from the team, leading Patterson to say Saturday, “They didn’t correct the problem a long time ago.”
Instead of Briles admonishing Dixon for Saturday’s illegal third-quarter hit, Patterson became further agitated that TV cameras spotted the ejected player still sitting on the Baylor bench.
“I’ve got coaches up in the box saying he’s laughing on TV underneath his towel,” Patterson said. “Well, I didn’t think it was that funny.”
Patterson continued, “The bottom line is, we’re not going to do that. Gary Patterson lives in Fort Worth. If he’s got a problem with me, here’s where I live.”

“No, I just told him his kids did a great job and good luck during the rest of the year and then in recruiting,” Briles said.
But Patterson took the brief interchange more personally.
“He comes across the field at me?” Patterson said. “Nuh-uh.
“I didn’t build this program to back down to anybody, and I’m not going to do it to him. Not in recruiting or in anything we do.”
Briles, expectedly, responded to Patterson's rant with customary Baylor class:

“No, I just told him his kids did a great job and good luck during the rest of the year and then in recruiting,” Briles said.
But Patterson took the brief interchange more personally.
“He comes across the field at me?” Patterson said. “Nuh-uh.
 I didn’t build this program to back down to anybody, and I’m not going to do it to him. Not in recruiting or in anything we do.”
Perhaps Patterson, who deserves credit for what he's done as TCU head coach, was truly upset about what Dixon did (BTW, Gary, football is called a "contact sport" for a reason.) and what he perceived as Baylor's failure to "correct the problem" sooner, but methinks it was a column by the very popular and respected Randy Galloway in the Star-Telegram earlier that month that really got the notoriously hot-tempered coach's goat. Under the biting headline "Gary Patterson is no longer the flavor of the fall," the doyen of Texas sports writers described the recent (and sudden) reversal of fortune for the Horned Frogs' football program and its illustrious coach thusly:
What the heck happened to Gary in Fort Worth?
Just one year ago, after taking a backup quarterback into Austin on Thanksgiving night and beating Texas, there were columns being written on why Gary Patterson should NOT be the leading candidate to replace Mack Brown.
Those columns were in response to Austin stories that the UT money boys wanted to hire GP, hire him like right now. But with all the outside crap involved with that particular job, a dug-in Patterson didn’t seem to be a guy who would tolerate the program’s built-in distractions.
Even in a somewhat disappointing first season (2012) in the Big 12, Patterson’s reputation didn’t lose luster. In August, in a conference poll of players, the question was what coach would you like to play for other than your own?
Patterson was the players’ choice.
But at the moment, with TCU struggling, GP has dropped off the hot list of college coaches. He’s not even lukewarm.
Guess who Randy called "the new football flavor of the fall"?

I'll give you three guesses, and the first two don't count. But you can see him and his team in action Saturday afternoon against TCU.

Tuesday, November 5, 2013

Are Liberty-Loving Virginians Really This Foolish?

Democrats seem to have come upon a very successful tactic for winning seemingly unwinnbale elections: Sit back and let the opposition defeat itself. The latest example of this could be the Virginia gubernatorial election, if the race turns out the way polls are indicating it will. The Democratic candidate, former DNC Chairman Terry McAuliffe, leads his Republican opponent, Attorney General Ken Cuccinelli, by nearly eight percentage points in the RealClearPolitics average of recent public polls. Cuccinelli hasn't run a terrible campaign, nor has he made any Akin-esque gaffes to speak of. Rather, his biggest problem is actually another candidate named Robert Sarvis, a lawyer and businessman who's running as the Libertarian candidate for Governor.
The latest polls of the race show Sarvis, who ran unsuccessfully for the Virginia State Senate in 2011 but has never held public office, garnering anywhere from 3% to 13% support among "likely" Virginia voters. All those polls also show McAuliffe leading Cuccinelli, but in most of them, the Democrat registers less support than Cucinelli and Sarvis combined, and the poll results that break down voter preferences by party identification show Sarvis drawing more support from Republicans than Democrats. It is hard to believe that Sarvis's candidacy isn't benifitting McAuliffe and hurting Cuccinelli.
Virginia's official motto is, "Sic semper tyrannis" ("Thus always to tyrants."), and Virginians have a long history of preferring liberty to tyranny. The conclusive battle of the Revolutionary War was fought and won by the Americans at Yorktown. In the nineteenth century, Virginia resisted federal encroachment on its sovereignty and, along with ten other states, seceded from the Union to form the Confederacy (though fighting to keep slavery legal didn't exactly put them on the side of liberty, either).

History also is replete with examples of how Virginans (like so many others) have seen their liberty eroded when the wrong people have been put in charge. Even after the Civil War, Democrats enacted and implemented segregation and other Jim Crow laws that deprived Negroes of their rights and made it clear to all other Virginians that they weren't living in a free society but rather a society in which the government decided which rights people ought to have. (Sound familiar?)

In recent years, the voting patterns of Virginians have made it difficult to figure out where the voters' sympathies lie. Since the turn of the last century, changing demographics and the growth of the federal government have fueled a Democratic shift at the state, and then the federal, level, particularly in northern Virginia, where a lot of residents are either on the federal payroll or work in industries that depend on government largesse to stay alive. Virginians elected Democratic governors in 2001 and 2005 and traded Republican Sen. George Allen for Democrat Jim Webb in 2006; Democrats won control of the State Senate in 2007; and, in 2008, Barack Obama became the first Democrat to carry Virginia in a presidential election since 1964. (He won the state again, albeit by a narrower margin, in 2012.) Between Obama's election and re-election, however, Virginians appeared to be turning back toward the GOP. Republicans won all three statewide races--for governor, lieutenant governor and attorney general--in 2009, ousted three Democratic incumbents in the U.S. House in 2010, and flipped two State Senate seats in 2011 to regain control of that chamber.

Since then, however, it's been mostly bad news for Virginians who favor liberty over big government. In 2012, 51% of voters in Old Dominion supported Obama's re-election, and 53% voted for Democrat Tim Kaine in the U.S. Senate race. Popular Republican Gov. Bob McDonnell is dragging his feet on entering the race for U.S. Senate next year, when Sen. Mark Warner (D), elected in the Democratic wave of 2008, will be up for re-election. As previously mentioned, Virginia Attorney General Ken Cuccinelli is trailing Democrat Terry McAuliffe in the race for governor.

Whatever the overall mood of the Virginia electorate is at the moment, the fact that the pro-freedom candidates are registering more support in the polls than the anti-freedom candidate suggests that a majority, or at least a plurality, of Virginia voters value liberty more than whatever redeeming qualities big-government hucksters like Terry McAuliffe have to offer, which only worsens the prospective travesty of McAuliffe being elected governor because of his opposition splitting the vote.

Surely Virginians who are smart enough to know better than to vote for Terry McAuliffe are cognizant of the reality that Sarvis is not going to win, but why then would they vote for him instead of Cuccinelli, thereby handing the election to McAuliffe? It doesn't make sense. Maybe it would if Cuccinelli and Sarvis were worlds apart on major issues, but Cuccinelli's record is more in line with the libertarian-leaning wing of the GOP than the hard-line "conservative" wing; he has worked hard fighting Obamacare in court and enjoyed at least one success when the Supreme Court ruled the Medicaid exapnsion mandated by the law unconstitutionally coercive; he has rolled out a fiscally responsible tax plan that slashes the Commonwealth's income tax rates and a sensible energy plan that calls for removing bureaucratic red tape and burdensome regulations to expand energy exploration and production; and he "wants to outmaneuver [school] voucher opponents by giving tax credits to those who donate money to provide private- and parochial-school tuition to poor, middle-class, and disabled students," thus allowing parents greater choice in education. He has also pledged to protect Virginians' 2nd Amendment rights and has criticized his own party for big-government boondoggles such as Medicare Part D, the No Child Left Behind Act and the Wall Street bailouts. His libertarian bona fides were sufficient to secure the endorsement of former Congressman and presidential candidate Ron Paul (R) and a host of liberty-focused advocacy groups. Indeed, one wonders what makes Sarvis so much more appealing to voters who supposedly cherish their liberty than Cuccinelli. Whatever it is, it's enough to make them willing to aid and abet the election of a big-government Democrat while wasting their vote on a candidate sure to finish a distant third. Oh, well. Sic semper fatuis.

Monday, August 19, 2013


Should We "Appreciate" This, Mr. President?

(Composite Photo)
Shortly after taking office in 2009, President Obama emulated one of his (presumed) role models by addressing a throng of enthusiastic Germans. In his speech, he declared, "In America, there's afailure to appreciate Europe's leading role in the world."

I wasn't--and I'm still not--sure what he was referring to, and he didn't cite any specific examples, but America's latest defeat this weekend at the hands of Europe called to mind the President's words in Strasbourg four summers ago.
In the most recent example of European dominance of the Obama-led United States, a team of European LPGA golfers beat their American counterparts at Colorado Golf Club to win the coveted Solheim Cup. It was the first time Europe had won the Cup on U.S. soil and the first time the European team had won back-to-back Solheim Cups in the tournament's 23-year history. The Europeans' 18-10 rout was also the most lopsided win by either side since America's 13-7 victory in 1994. Caroline Hedwall of Sweden became the first player in Solheim Cup history to win five out of five matches.
It's fitting that this crushing blow (or, more accurately, series of painful blows) to the U.S. was dealt in Colorado, a state that Obama twice carried in the Electoral College. Perhaps some good could come from this if enough Coloradans who voted for Obama witnessed this travesty, connected the dots, realized the error of their ways and learned from their (and Obama's) mistakes. (But don't count on it.)

Normally I leave it to sportsfan to cover sports news, but the embarrassment of this unprecedented fiasco made my blood boil. It's not just that the best of America lost to the best of Europe; the LPGA has become yet another area in which the U.S. has ceded leadership under President Obama. As the AP’s Doug Ferguson pointed out, "The Americans are without the Solheim Cup, the Ryder Cup, the Walker Cup and the Curtis Cup, the four biggest team events between both sides of the Atlantic."

This is also an uncharacteristic reaction to defeat for me. When the Cowboys, the Rangers, the Mavericks or my Baylor Bears lose, I get depressed. I got really depressed after last year's elections. But I reacted to this loss with anger. I'm not sure why, but I know who to be angry at.

Thursday, August 8, 2013

Stacy Snaps Sinitic Streak

(Photo by Wojciech Migda)
In an encouraging development for the hundreds of Americans who are interested in women's golf, Stacy Lewis won the Women's British Open this weekend. The reigning LPGA player of the year birdied the last two holes on the Old Course in St. Andrews, Scotland, to finish at 72 (even-par) for the day and eight under overall. It was an exciting and impressive victory, as well as a long-awaited occurence for LPGA spectators who were anxious to see a White girl win again.

Oh, did that sound inappropriate? Sorry; my sense of when it is and isn't appropriate to bring up the race of newsmakers must be out of step with modern social mores. I didn't think there was anything racial about Stacy Lewis winning the Women's British Open, but apparently, I was wrong.
During the final round of the tournament, one of the male announcers on the Golf Channel mused that "the last 10 tournaments" have all been "won by Asian women." The Sports Xchange began its article announcing Lewis's win by declaring that the 28-year-old "ended a streak of 10 major championships by Asian players with a victory on Sunday...." Countless other sports media noted in one way or another that Lewis’ win breaks a run of 10 straight majors won by "Asian" players. (Golfweek supplemented this bit of trivia with the fact that Lewis's "victory in the 2011 Kraft Nabisco Championship had been the last major not to fall to an Asian.")

There's been a lot of efforts recently to inject race into matters of national interest that are not inherently racial: e.g., the George Zimmerman/Travon Martin case, the controversy over New York City's "Stop & Frisk" policy and certain states changing their voting laws. The individuals who have perpetrated these efforts probably have varying motives for doing so, but I can't conceive of a good reason for racializing non-racial things. In the case of Stacy Lewis's victory at St. Andrews, it is significant and a propos that this was the first time an American won a major LPGA tournament since 2011, but why not just say that? Why even bring up the race of the other winners?

It's no secret that women from the Far East have come to dominate the LPGA Tour in recent years, so I'm not that surprised that nearly every sportscaster and golf journalist who reported on the 2013 Women's British Open made sure to work this Asian-winning-streak talking point into their coverage. I'm just so sick of people injecting race into things that aren't naturally racial.

When I was a kid, a Japanese friend of mine and his family were sent to an internment camp, like hundreds of thousands of other Japanese-Americans who were guilty of nothing other than sharing a heritage with a nation that had attacked us. It was a sad chapter in American history, and although it didn't seem right to me at the time, I didn't really understand what was going on. Once I was older and understood what was done to my friend and his family and other Japanese families and German-American families and why it was done, I wasn't sure how to feel; I felt angry, confused, furious and saddened. What happened to those Americans was wrong, so very wrong, and of course the people responsible for it rationalized their actions at the time, but then, don't the leaders of any government that oppresses its people always do that?

So, if you think I'm making a big fuss about something that's just small potatoes, then you need to understand where I'm coming from. Having seen the U.S. progress from a country with internment camps and segregated schools to a society in which so many people value tolerance and diversity above all else, I have an instant dislike for attempts to racialize any issue that isn't (or shouldn't be) racial. Years ago, the late Mike Wallace asked Morgan Freeman in an interview, "How are we going to get rid of racism?" Before Wallace had even finished his question, Freeman responded, "Stop talking about it." I couldn't agree more.

Tuesday, August 6, 2013

Media censored the race of the victim in brutal Florida school bus mob beating

This is outrageous.

Where is the media attention?

Justice for this victim!!

I guess Sharpton and the rest of the scum don't care about white victims of brutal, black, drug-pushing thugs........

They just care about the thugs. Thugs like Trayvon Martin.

These vicious animals should be punished.

Tuesday, July 23, 2013

How You Know They're Not Serious About "Securing the Border"

Have you seen this ad? We're told that S.744 (the "comprehensive immigration reform" bill that passed the Senate last month) contains "the tough border security America needs." Sen. Marco Rubio (R-Fla.), one of the "Gang of Eight" Senators who supposedly drafted this legislation,  assures us that the bill “puts in place the toughest enforcement measures in the history of the United States, potentially in the world.” Is that a fair statement?

Last week, I posted a critique of S.744 and detailed some of the problems with the bill's approach to immigration reform. I originally endeavored to go into even greater detail about the language of the legislation, but then I decided that the more tedious analysis belonged in a separate post. So, here, I will analyze with greater specificity where and how the Senate's bill comes up short. First, though, a brief passage on the policy lingo of immigration reform is needed.

The principal responsibility for protecting our country's border security, cybersecurity and economic security lies with the Department of Homeland Security (DHS). DHS is also charged with overseeing citizenship and immigration in the United States. The United States Citizenship & Immigration Services (USCIS) oversees legal immigration to the United States and is the agency that grants immigration and citizenship benefits. Immigration & Customs Enforcement (ICE) is "the principal investigative arm of DHS, and its primary mission is to promote homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration," according to this thing somebody referred me to.
When discussing/debating "legalizing" illegal immigrants, it's important to understand that a pathway to legal status is not necessarily a pathway to citizenship. (To some, any legalization is "amnesty", but that's a topic for a separate post.) S.744 speaks of "registered provisional immigrant status," which if granted would then allow an immigrant to stay in the U.S. legally, without receiving all the rights and benefits of a U.S. citizen. In this post, I'll refer to applications for registered provisional immigrant status by the acronym "ARPISs".

It's also important to understand that, as was the case with past efforts toward "comprehensive immigration reform", the end game of S.744 is to legalize immigrants who are currently in the U.S. unlawfully without requiring them to resort to existing legal channels (which, in most cases, would require them to first leave the U.S. and re-enter the country legally). There are some who are categorically opposed to this, but most Americans who have an opinion on this subject are not. Most members of Congress, too, are willing to support legislation that would provide illegal aliens with a path to legal status or even citizenship, but a lot of them want any legislation that provides such a pathway to address the problem of illegal immigration with, inter alia, more border security, enhanced & increased "interior enforcement" and measures that discourage the wrong kind of immigration (to wit, illegal immigration and the immigrants who come here legally with an eye toward living off the government).

Rubio and other Republican proponents of the bill have insisted that it contains multiple security "triggers" that must be met before any immigrant currently in this country illegally can be legalized. Skeptics have contended that these "triggers" are weak, meaningless and/or can be easily manipulated/circumvented to fast-track the legalization process. Many Senators offered amendments to S.744 (discussed herein) that would strengthen the triggers or add additional preconditions to legalization.

You've probably heard of the "border surge" provisions in S.744. In the bill, what some are calling "the Border Surge" is part of the Comprehensive Southern Border Security Strategy. I'll just call it the Border Surge. There's also the "Southern Border Fencing Strategy," which is exactly what it sounds like. (S.744 requires the `Southern Border Fencing Strategy' to identify "where fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border.") "E-verify" refers to a mandatory employment verification system required by current law  that the federal government never got around to implementing (at least not as originally conceived). There is currently a federal employment verification program in place, but it is not very potent or effective.

Now to the "triggers." I haven't read and analyzed the entire bill yet, so I can't tell you exactly what's in it. However, I can say what's not in it, and that's critical. By looking at what the proponents of this legislation voted against, you can see that they're not at all serious about border security.
Six weeks ago, the Senate agreed to table (kill) an amendment by Sen. Chuck Grassley (R-IA) that would have allowed DHS to begin processing ARPISs only after the Secretary of Homeland Security has certified to Congress that "the Secretary has maintained effective control of the Southern border for a period of not less 6 months." Such a nebulous standard could hardly be regarded as a serious precondition, so it should come as no surprise that Handsome John Thune's amendment, which contained more specific prerequisites, was also defeated by a vote of 39 to 54. Thune's amendment would have required 350 miles of Southern border fencing to be completed before the Secretary could commence processing ARPISs and conditioned any adjustment in the status of aliens who have been granted registered provisional status on the Secretary's written certification that:

  • the Comprehensive Southern Border Security Strategy “has been substantially deployed and is substantially operational;” 

  • the Southern Border Fencing Strategy has been submitted to Congress, implemented, and is "substantially completed;"
  • 700 miles of Southern border fencing “that is double-layered and constructed in a way to effectively restrain pedestrian traffic” has been completed;
  •  the Secretary has implemented E-verify; and
  • the Secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine-readable visa or passport information from air and vessel carriers.
Note that both Grassley's and Thune's amendments suffer from the same flaw: The predicate for legalizing illegals is not actually securing the borders but rather the Secretary of Homeland Security's certification that the southern border is secured. (Grassley's amendment also contained a special carve-out for aliens granted blue card status, which is a special legal status for agricultural workers; Grassley’s home state of Iowa is about 95% farmland.) We already know that members of Obama's cabinet have no compunction about lying to Congress, so what good is the DHS Secretary's word on anything?

Later that same day,  Sen. Rand Paul, R-Ky., offered a good fix: require Congress to vote annually for five years on whether the border is secure. "If Congress believes that the border is not secure," the Senator explained in a speech on the Senate floor, "then the processing of undocumented immigrants stops until it is secure." As David Nakamura of the Washington Post reported it:

Paul’s amendment would require the Department of Homeland Security to implement specific border security measures, including hundreds of miles of additional fencing along the U.S.-Mexico border, and provide a report to Congress each year on its progress.
Then Congress would vote annually as to whether the agency had met its goals. Each year, another group of illegal immigrants would earn legal work visas if the metrics are met, Paul said.
This short summation--while accurate and concise--does not do Paul's amendment (styled the "Trust But Verify Act of 2013") justice. Indeed, those who crafted this particular legislation appear to have thought of everything. The bill specified what the Secretary must conduct an annual comprehensive review of and provided specific border security metrics, the progress toward which must be reported on. It stated what the joint resolution affirming that the border is secure must say and prevents the resolution from being amended. It even contained a provision limiting debate on the joint resolution "and on all debatable motions and appeals in connection with such resolution" and curtailing the ability of would-be obstructionists to use parliamentary shenanigans to delay a vote on the resolution or dispose of it without a vote. 

Paul's amendment also addressed the problem of DHS officials using their administrative authority to not enforce the law (as discussed in my earlier post) by prohibiting the Secretary from making "any alteration to the Border Patrol sectors in operation or the boundaries of such sectors" without first notifying both the House and Senate Homeland Security Committees of the proposed change "not later than 120 days before any such change would take effect," by which time Congress could act to thwart any undesired changes. It also required the Secretary to establish a Student Visa National Security Registration System and submit an annual report to Congress that describes the effectiveness with which DHS is screening student visa applicants through the System and "indicates whether the System has been implemented in a manner that is overbroad or results in the deportation of individuals with no reasonable link to a national security threat or perceived threat." And, the amendment capped the number of  applicants who may be granted registered provisional immigrant status under the law in any calendar year at 2,000,000 (a ridiculously high limit, but apparently too low for some people). 61 Senators voted to table Paul's "Trust But Verify" amendment.

Maybe Senator Paul was just asking for too much. (I don't think so, but reasonable minds can differ.)  Sen. David Vitter (R-LA) had a simpler request: Hey, remember that integrated entry & exit data system (a system to track the border comings and goings of foreigners) that was supposed to be developed and implemented under a 1996 law? You know, the one we're still waiting on? Well, forget all the stuff that Paul wanted. Let's just condition the temporary grant of legal status to, or adjustment to citizenship status of, any individual who is unlawfully present in the United States on the Secretary's written certification that that biometric border check-in/check-out system (officially the US-VISIT System) has been fully implemented at every land, sea and airport of entry. Oh, and Congress has to pass a joint resolution stating that this integrated entry and exit data system has been sufficiently implemented, because, you know, we don't trust this administration's word. Senator Vitter proposed an amendment to that effect over a month ago. It even included "fast track" procedures for getting the requisite joint resolution through Congress without unnecessary delay.

Now, it seems that a piece of legislation that basically just says, "Hey, let's incentivize the executive branch to do what they're already required to do by conditioning something that they want but that nobody really needs on them doing that thing they're supposed to do." shouldn't be something that a lot of Senators would find a reason to vote against, but if you view their votes on Senator Vitter's amendment, which was rejected by a vote of 36 to 58, in the context of most of them not giving a damn about securing our borders, then it makes sense. Another amendment, proposed by Sen. Mike Lee (R-Utah), that would have required “fast-track congressional approval” of what the Gang of 8 legislation merely requires the Secretary of Homeland Security to certify was also voted down, 39 to 59.

Enter Sen. John Cornyn (R-Texas), tall, learned and circumspect, a conservative Republican from a state with a large population of illegal immigrants. As the Senate Minority Whip, it's his job to make sure GOP Senators vote the party line on critical pieces of legislation. Cornyn, who was Texas Attorney General before being elected to the U.S. Senate, had criticized the "border-security triggers" in S.744 as "talking points disguised as policy." Could he offer a serious bill for predicating any legalization of illegal immigrants on actual, verified border security measures? Well, a little over a month ago, after the amendments proposed by Senators Grassley, Thune, Paul, Vitter and Lee had all been voted down, Senator Cornyn offered an amendment to the immigration bill that would have kept newly legalized immigrants from becoming permanent residents or pursuing citizenship until certain border goals were met. Those goals were:
  • to achieve and maintain operational control of the Southern border;
  • to achieve and maintain full situational awareness of the Southern border;
  • to fully implement a biometric entry and exit system at all land, air and sea ports of entry; and
  • to implement E-verify.
All these goals would have to be met "within 5 years of the date of the enactment of this Act," i.e., the comprehensive immigration reform bill. As used in Cornyn's amendment, the term "operational control" meant that, "within each and every sector of the Southern border, a condition exists in which there is an effectiveness rate, informed by situational awareness, of not lower than 90 percent." The term "situational awareness" was defined as "knowledge and an understanding of current illicit cross-border activity, including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the United States and in the maritime environment, and the ability to predict future shifts in such threats and trends." The Secretary and the U.S. Customs & Border Protection Commissioner would have to "jointly submit" to the President and Congress a written certification, under penalty of perjury, that the Secretary had met these goals.  This submission could not be made sooner than 9½ years after the comprehensive immigration reform bill becomes law and must include "a comprehensive report detailing the data, methodologies, and reasoning" justifying the certification. And, the Comptroller General of the United States would be required to "review such certification and provide Congress with a written report reviewing the reliability of such certification" and expressing the Comptroller General's own conclusion as to whether or not the specified border goals have been achieved.

The Secretary would still be required to submit a strategy "for achieving and maintaining operational control and full situational awareness of the Southern border" to the Comptroller General, and within 60 days of the submission of such strategy, the Secretary would also have to submit "an implementation plan for each of the border security components of the Department to carry out the Strategy." This plan must include, at a minimum:
  • a comprehensive border security technology plan for continuous and systematic surveillance of the Southern border, including a documented justification and rationale for the technologies selected, deployment locations, fixed versus mobile assets, and a timetable for procurement and deployment;
  • the resources, including personnel, infrastructure and technologies that must be developed, procured and successfully deployed, to achieve and maintain operational control and full situational awareness of the Southern border; and
  • a set of interim goals and supporting milestones necessary for the Department to achieve and maintain operational control and full situational awareness of the Southern border.
It seemed doomed to fail, but Cornyn's amendment had something the others didn't: an appropriate acronym. The Senator dubbed his amendment, "Requiring Enforcement, Security and safety while Upgrading Lawful Trade and travel Simultaneously (RESULTS)," and it fared better with his colleagues than the other amendments I've described here did. Only 54 Senators voted to kill it. Two Democrats, Mark Pryor of Arkansas and Joe Manchin of West Virginia, voted against the Motion to Table, as did Senator Rubio, who had opposed the aforementioned amendments offered by  Senators Grassley, Thune, Paul, Vitter and Lee. (Curiously, Rand Paul voted with the anti-enforcement coalition, but that may have been because of the amendment's hefty cost.) Heritage Action ("The Heritage Foundation’s lobbying arm") urged Senators to vote “NO” on Cornyn's RESULTS amendment "because it fails to solve the enforcement problems in the underlying bill" and would "serve as political cover for [multiple Senators] to justify their support for the Gang of Eight’s amnesty."

So, on June 27th, S.744 passed the Senate, free of any amendments that would require DHS to actually secure the borders before illegal aliens could be legalized. It did include language from a border security and enforcement amendment proposed by Sen. Patrick Leahy (D-VT) and modified by the much-touted Corker-Hoeven Amendment, which inludes a lot of stuff that should turn off congressmen and women  on both sides of the aisle. (Leahy, who "begrudgingly" supported the changes to his amendment offered by Senators Corker and Hoeven, complained that their legislation “reads like a Christmas wish list for Halliburton.”) While Corker-Hoeven does delay the legalization of illegals (No Registered Provisional Immigrants can receive Green Cards until at least ten years after the bill becomes law) and strengthens the border-security "triggers" to legalization, it fails to cure many of the bill's other deficiencies and focuses on border security but not interior enforcement. Then there's the price tag; the CBO reported it would add $38 billion to the cost of the act. At the very least, the amendment added language to S.744 aimed at preventing the abuse of federal benefits by illegals who would be legalized under the legislation, including:

·         preventing immigrants who used a fraudulent or false Social Security number while they were unlawfully present in the U.S. from getting Social Security credits for that period;

·         restricting certain non-immigrant visa holders, such as tourists and foreign students, from accessing Medicaid, SCHIP and Obamacare benefits; and

·         providing that the Department of Health & Human Services may not grant waivers to states to allow them to use Temporary Assistance for Needy Families (TANF) dollars to give cash assistance benefits to registered provisional immigrants.

That ad I mentioned at the beginning of this post calls the Border Surge "the toughest border security plan ever passed by Congress." That it may be, but again, border security is only part of what we need. S.744 falls short of ensuring the aggressive interior enforcement that is desperately needed and eliminating the government-created magnets for illegal immigrants. Also, it fails to predicate legalization on a congressional affirmation of border security or other objectively verifiable metrics. If any of that bothers you, then please contact your Representative and admonish him or her not to vote for any bill that contains the same flaws as the Senate bill. But first, follow us on Twitter.

Thursday, July 18, 2013

Word to the Wise on Immigration Reform

(This post was updated at 12:18 a.m. CST on July 28, 2013.)

In the latest example of Congress proving the old adage that those who don't learn from the past are doomed to repeat it, the U.S. Senate has now passed a "comprehensive immigration reform" bill. The vote was 68-32, with 14 Republicans joining every Democrat and the two "independent" Senators who caucus with the Democrats in supporting a measure that really could only conceivably benefit Democrats. (More on that later.)
Those who want the House of Representatives to follow suit and pass this or a substantively similar bill have been trying to convince those of us on the right that this "comprehensive immigration reform" push is different from the last one that blew up in its proponents faces...or the one before that...or the one before that...or the '86 law that they'd like us to forget about or ignore. This bill, we're told, is a conservative plan for immigration reform, supported by conservatives (Look, Marco Rubio supports it!), with tough border security measures. These arguments beg the question, "Why did every Democratic Senator support such a conservative policy plan?" The obvious answer is that, whether you're a Blue Dog Democrat from a red state or a self-described Socialist from a state where most voters can't tell their anus from a hole in the ground, this bill will be good for you and your party if it becomes law. Most immigrants vote Democrat. Most of the immigrants who are in this country illegally will, if legalized and allowed to vote, then vote Democrat (or not vote). Their children who are born here and are therefore U.S. citizens will vote Democrat, if they vote at all. It wouldn't matter if this act was passed by a Republican Congress and signed into law by a Republican president; the political beneficiaries of it would be Democrats.
I'm not opposed to a pathway to legal status for those who are in this country illegally, and I want to see our immigration system reformed to make it easier to legally immigrate to the U.S. (provided you have something to offer and aren't going to be a public charge). I think building a fence along the entire U.S.-Mexico border is a dumb idea and a stupid endeavor; if you want to build a fence, then just build one across the chapparal from the Imperial Valley to El Paso. It won't keep illegal immigrants out; it'll just slow them down. In Texas, we have a large river to do that. But, if I were a member of Congress, then I'd be branded an opponent of this legislation, as well as a "nihilist" and an "obstructionist" etc., by the Democrats and their allies in the media because I won't support any bill that will allow even one illegal to start on that pathway to citizenship or legalization before the borders are secure (by objective standards). The proponents of this legislation have made it clear that they do not want such an "enforcement first" approach.

Under the bill that passed the Senate on Thursday, the government would grant legal status to immigrants living in the United States unlawfully at the same time additional border security was being put into place at a cost of tens of billions of dollars. The legalization could begin as soon as a security plan was drafted (not actually implemented). One problem with this is, of course, that illegal immigrants and undocumented workers could be legalized wtihout our borders being effectively secured, meaning that illegal border crossings would continue.

Pragmatic senators have tried to amend the bill to fix this problem, but to no avail. A bipartisan coalition of senators seems determined to repeat the mistakes of the past. For them, it's not enough to allow the millions of immigrants here illegally to apply for legal status without having to return home (what some have labeled "amnesty"); we have to start legalizing them and just trust that the federal government will secure the border. This despite the Obama Administration's repeated refusals to enforce existing immigration laws. Here's my question for the supporters of the Senate bill who assure us that it will secure the border: If the legalization of illegals isn't predicated on objectively verified border security, then what is this administration's incentive to secure the border?

Even if the House and Senate were to miraculously pass a bill that required the feds to secure the borders before any illegal alien could be legalized, it's doubtful that President Obama would sign such a bill into law, and even if he did, his administration still probably wouldn't be motivated to do what they're supposed to do. After all, he's been re-elected; he won't be running for president again; so what's in it for him to shore up the Democratic base? (Maybe his wife or daughters have political ambitions, but other than that, I cannot conceive of any realistic impetus for him to secure the borders.)

This enforcement problem raises another issue that has curiously played a much less prominent role in the current debate than it did in the last great national debate over immigration reform six years ago. Do we really have an illegal immigration "problem" that needs to be addressed by new legislation? One of the more dubious lines from those irksome commercials pitching this immigration reform bill is, "Doing nothing is how we got here: Millions here illegally." I don't disagree, but the cause of the problem--"doing nothing"--wasn't the failure of Congress and the president to amnesty millions of illegals and create further magnets for immigrants, both legal and illegal; it's the failure of this and past administrations to effectively secure our borders and stem the spate of illegal immigration that's been plaguing our country for decades. Here's an idea: Let's try enforcing current law and see if that doesn't address our illegal immigration problems, including: immigrants unlawfully entering this country; foreigners coming here legally (e.g., on student visas) and then remaining here unlawfully after their visas expire; millions of immigrants living here illegally; and Americans hiring illegals. We already have laws addressing these problems, though the last one I listed could use a federal E-verify system. However, enhanced border security--even if effectively implemented--would only tackle the first of these problems; the other three need to be addressed by what's called "interior enforcement."

In a statement to the House Judiciary Committee last month, Chris Crane, President of the National Immigration and Customs Enforcement Council and one of the few union leaders who actually seems to represent the best interests of his members, rightly accused "the individuals and organizations involved in crafting the Gang of Eight legislation" of "purposely ignor[ing] interior enforcement with the intent of continuing the practices [that] have led to the nation’s current immigration problems." Crane pointed out that, while visa overstays account for an estimated 40% of the 11 million illegal aliens currently in the United States (4.5 million), the Gang of Eight’s immigration legislation "speaks only of significant increases to border enforcement, not interior enforcement." The visa overstays problem, Crane argues, "cannot be stopped by the United States Border Patrol" and will "never" be addressed by investments in border security. Opponents of the Senate's latest comprehensive immigration reform bill should present a united front and challenge the Obama administration to prove that they're serious about securing the border by enforcing existing laws.

Yes, I've seen and heard ad nauseum that, under Obama, illegal aliens have been deported at a record pace, but in fact, there has been a sharp decline in the number of illegal-immigrant removals since June 2011, when ICE Director John Morton issued the so-called "Morton Memorandum" (officially entitled "Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens"), the first in a series of significant changes to the agency’s enforcement policies. Crane and other ICE agents and officers have filed a lawsuit in federal court challenging the validity of the Morton Memorandum and DHS Secretary Janet Napolitano's June 2012 Directive not to enforce immigration laws "against certain young people who were brought to this country as children and know only this country as home." (This was part of the Obama Administration’s Deferred Action for Childhood Arrivals plan, or DACA.) At an evidentiary hearing in April, Jessica Vaughan of the Center for Immigration Studies testified that there "has been a significant decline in enforcement activity, as measured by the number of removals." As reported by Andrew Stiles of National Review:
Removals generated by ICE’s Enforcement and Removals division, which is responsible for interior immigration enforcement, have decreased nearly 50 percent since June 2011. Vaughan says the administration has been inflating its deportation statistics by including a greater number of U.S. Border Patrol cases — illegal immigrants picked up at the border and subsequently referred to ICE — as part of its annual statistics. Border Patrol cases accounted for 56 percent of removals reported in fiscal year 2013, up from 33 percent in 2008. Typically, an individual apprehended at the southern border is simply returned to Mexico without being processed as a deportation by ICE.
Later that month, Crane told reporters that “DHS and ICE are knowingly manipulating arrest and deportation data with the specific intent of misleading the American public with regard to the enforcement of illegal immigration in our country.” He actually claimed that “ICE arrest and deportation numbers have plummeted since 2008" (emphasis added), which he called "clear evidence that interior enforcement has in large part been shut down over the last four years.” Not surprisingly, Mrs. Vaughan considers it “foolhardy for Congress to trust that this administration is actually going to implement any new enforcement plans”

Then there's the talking point about how the status quo is “de facto amnesty.” (The solution: de jure amnesty!) Ann Coulter pretty well destroyed the potency of that sound bite with this:
I gather Marco Rubio considers this his big showstopper, since he says it in every interview as if he’s announcing the Kochen-Specker theorem. But if we already have de facto amnesty, [then] why is this bill even necessary? Oh, that’s right! The Democrats need 30 million new voters.
It’s curious that Democrats don’t hysterically demand amnesty for other lawbreakers, such as tax-cheats or polluters. Right now — hold on to your hat, Marco! — we have “de facto amnesty” for tax-cheats and polluters! (Also rapists and murderers and every other crime that doesn’t have 100 percent enforcement.)
And if we won’t grant amnesty to tax-cheats and polluters, [then] what about their children? Why punish the children? They did nothing wrong. Their parents told them they had lots of money for houses, clothes and college tuition. How can you put a tax lien on the homes of innocent children? Think of how BP executives’ children have suffered — the divorces, the deferred dreams, the broken families …
And by the way, polluters are also hard workers. They love their families and want the best for them, too. I bet illegal aliens who rape women and kill people in drunk-driving accidents love their families. Members of MS-13 work very hard at gang activities, such as, for example, when you cross them, they are very dogged about having you killed in a drive-by shooting. That shows a real stick-to-itiveness.
But weirdly, Democrats are obsessed with amnesty only for the lawbreakers that will get them 30 million new voters. (Violent felons come next.)
I'm aware that the deportation process is very expensive. Deporting an illegal alien, though, costs a hell of a lot less than supporting them with the cradle-to-grave system of entitlements on which the left is so keen.

The immigration reform we need won't legalize the millions of Americans living in this country illegally; it's a reform in the federal government's approach to enforcement, both border enforcement and interior enforcement. Instead of passing a bill that spends a horrendous amount of money without solving the problem (BTW, what exactly is "conservative" about that?), the Congress should pass a law providing for a national, mandatory E-verify system and nullifying the DHS directives that instruct law enforcement officials not to enforce federal law. Granted, the constitutionality of legislation limiting the executive's prosecutorial discretion would be questionable at best, so the Congress would have to be careful about the wording of such a bill, but they've got really smart people to work on that.

Finally, I'll briefly address this BS about how the Republican Party is doomed if they don't jump on the band wagon and embrace "comprehensive immigration reform". There are plenty of cogent rebuttals to this argument, available to anyone who wants to read/hear them, but let me end this passage where I began: Immigrants vote Democrat, not 100%, but a majority of them do. Considering that illegal immigrants aren't eligible to vote, exactly what is the harm for Republicans in making sure that they stay ineligible to vote?

I thought I had an answer to that question about a year ago. It dawned on me after a conversation with one of my friends (who happens to be the son of illegal immigrants): Illegal immigrants can't vote, but if their children are born here, then those children are U.S. citizens who can register to vote once they turn 18. Put yourself in the position of someone who was born here to parents who were in this country illegally. Regardless of your personal political ideology, are you likely to vote for any candidate affiliated with a party that has roundly castigated your parents and people like them and insisted that they be deported? 

Then it occurred to me: Why would Republicans suddenly changing their tact on illegal immigration have any affect on that voter's choice at the ballot box? Do Republicans like Lindsey Graham and Jeff Flake think that the issue of illegal immigrants are going to forgive and forget just because a handful of Republicans supported legalizing their parents? 

And, if you're worried about the Hispanic vote, Republicans, then you should be. Hispanics don't support your policies. 75% of Hispanics say they would rather have a bigger government providing more services than a smaller government with fewer services.  62% support Obamacare, and 59% favor same-sex marriage. According to a December 2011 survey conducted by Princeton Data Source for the Pew Research Center, a majority of Hispanics have a negative view of capitalism, and 44% of Hispanics have a positive view of socialism. (By comparison, the survey found that only 40% of all American adults had a negative view of capitalism, compared to 50% who had a positive view, and only 31% had a positive view of socialism.) And, while the percentage of Americans who identify as "pro-choice" dropped to a record low last year, 2012 exit polls found that 2/3 of Latino voters are firmly pro-abortion.
So, Republican presidential hopefuls who are concerned about how to win over Hispanic voters are better served by taking advice from anti-amnesty candidates such as Susana Martinez and Ted Cruz--or should I say Gov. Susana Martinez (R-state that's 46% Latino) and Sen. Ted Cruz (R-state that's 38% Latino)--than from faux-conservatives like David Brooks who live in an insulated bubble that shields them from life's cruel realities. Right-wing Genius out!