Los Estados Unidos de Amexico -- While Congress Ruminates...

By James Walsh
Volume 16, Number 1 (Fall 2005)
Issue theme: "Numbers, population and energy: Professor Albert Bartlett's public education campaign"

The international border between the United States of America and Los Estados Unidos de México increasingly is controlled by the latter. U.S. immigration policy is being shaped by Mexico to benefit Mexican nationals entering the United States without proper documentation. Mexican officials stridently object to any action by U.S. citizens to slow the onslaught of illegal entries by undocumented aliens. Official and unofficial Mexican interference with U.S. sovereignty and internal affairs is unprecedented.

The estimated Mexican (non-citizen, legal and illegal) population of the USA may now exceed 45 million men, women, and children helping to make the Hispanic population the largest minority in the United States.

The Mexican government and Mexican criminal gangs have a vested interest in the continued failure of the United States to enforce border regulations. The Mexican government, determined that nothing impede the passage of its nationals into the United States, dismisses the growing threat of other-than-Mexican (OTM) nationals, among them terrorists, who also are slipping across the U.S.-Mexico border.

In view of the terrorist attacks occurring worldwide, the most disturbing part of the border chaos is the significant number of illegal crossers who come from countries other than Mexico, some of them known for condoning terror. Property owners in the American Southwest near the Mexican border, worry about the increase in OTM s and the increase in violence by both Mexican and OTM illegal crossers and the alien smugglers who escort them.

In the past seven months, an estimated 900,000 illegal crossers were apprehended by the U.S. Border Patrol at the U.S.-Mexico border. Of these, 90,000 were OTMs. Compare this to all of 2004 with a total of 1.2 million apprehensions, of which 40,000 were OTMs. The number of apprehended OTMs attempting to enter the United States illegally may double this year, but even more disconcerting is the number of illegal crossers who may be evading detection, for the U.S. Border Patrol estimates that three to five illegal aliens enter the United States for each one apprehended. Thus an estimate of 30 million illegal aliens currently residing in the United States is hardly an unreasonable number, and of these, the vast majority are Mexican.

The lenient policy by Mexico toward illegal crossers defies U.S. immigration laws that make it a federal misdemeanor to enter the United States without inspection and a federal felony to harbor, shield, conceal, transport, and/or aid an illegal alien. Rather than acknowledging illegal entry as a crime, Mexican officials give voice to propaganda that any criticism, let alone arrest, of illegal aliens in the USA is "racist", "unconstitutional, and "un-American." Sadly, many U.S. citizens believe these incendiary falsehoods, which are echoed by immigration special interest groups in the United States. Among these special interests are liberal politicians, the news media, academia and teachers unions, and businesses that benefit from low-wage foreign workers.

Thus fortified, the Mexican government berates and threatens U.S. Government agencies, private industries, and individual citizens who oppose treating illegal aliens as if they are U.S. citizens. Mexico and the special interests can give no reason why "special citizen status" should be accorded illegal aliens by their mere presence in the country. Mexico is not alone in seeking the elimination of U.S. borders; yet these countries sending illegal emigrants to the USA maintain the integrity of their own borders.

Leading the Mexican Charge

Vicente Fox attended high school in Wisconsin and went on to become president of Coca-Cola of Mexico. Elected to the presidency of Mexico on July 2, 2000, as the first National Action Party (PAN) candidate, he broke the 70-year control by the Party of Institutional Revolution (PRI).

Fox is the most strident of all Mexican presidents in his demands that the United States consult his administration on all decisions concerning the U.S.-Mexico border and the treatment of Mexicans entering the United States illegally. He depends on the tendency of U.S. citizens to pay little heed to border problems and thus to underestimate the impact that some 30 million illegal aliens now in the United States have on national security, environment, education, health care, welfare, and incarceration of criminals. Some states, however, are waking up to the dollar cost of this ghost population in their midst.

In December 2000, Fox began a dialogue with then President-elect George W. Bush. Immigration by Mexicans into the United States was Fox's central concern, because legal and illegal immigration is necessary for Mexico to relieve the pressures of over-population, under-education, and lack of employment opportunities. Add to this, the desire of certain Mexican reactionaries to reclaim lands allegedly stolen by the United States following the Mexican-American War in 1848. This radical movement is called "reconquista," and its strategy is a gradual recolonization by Hispanics who owe no allegiance to the United States.

Fox and U.S. immigration special interest groups have undertaken a campaign to desensitize U.S. politicians and average citizens regarding the hidden costs of unbridled illegal immigration. As part of this campaign, Mexican consulate offices in the United States began issuing Matricula Consular cards to Mexicans in the USA illegally a deliberate act to undermine U.S. immigration laws. The cards are nothing new since 1870, Mexican consuls have issued them to Mexican nationals living abroad, but use of the card, until recently, was limited to consular assistance. After 9/11, however, these cards took on a new use. They were issued to counteract efforts by the U.S. Government or the states to restrict illegal aliens from obtaining bank accounts, legitimate drivers licenses, legitimate social security numbers, and work permits. The cards are being accepted as legal identification, even at airports. With heightened security concerns in the aftermath of the 9/11 terrorist attack, U.S. Government agencies were unable to agree on the acceptability of Matricula Consular cards. For instance, the Social Security Administration and the Internal Revenue Service accepted them as valid identification, but the FBI did not.

In 2003, Mexican officials were successful in protesting a pilot project by the U.S. Border Patrol to fly deported illegal aliens to a part of the border far from where they were apprehended, making illegal return to the United States more difficult. When Mexican officials complained that the program was disruptive to border communities, the project was cancelled after only a month.

In November 2003, President Fox visited New Mexico, Arizona, and Texas. By advocating that these states grant amnesty to illegal aliens, he ignored the U.S. Constitution, which prohibits states from entering into any treaty, alliance, or confederation (Article I, Sec. 10). Fox declared that the United States and Mexico are "united by nation and language," identifying the three states of his visit as land ceded to the United States in 1848. In his race for the Mexican presidency, Fox campaigned in Chicago, Los Angeles, and other U.S. cities, because he considers all Mexicans in the United States his constituents, and many are, as they still vote in Mexico. Fox suggested dual citizenship and voting in both countries, which may already be happening, as absentee ballots now cross the border in both directions.

In late 2004, Mexico's Border Czar, Arturo Gonzalez Cruz, called for immigration policies that transcend borders, making it easier for Mexican nationals to enter the United States by undermining the concept of illegal entry.

In January 2005, in spite of U.S. objections, the Fox administration prepared a second printing of its "Migrant Guide," a pamphlet in comic book form. The Guide instructs Mexicans on what illegal border crossers should do to successfully enter the United States illegally and how to avoid detection once there. It states that illegal aliens have the same "rights" as U.S. citizens and urges them to insist on these "rights." In response, U.S. Congressman Tom Tancrado (R-CO) opined, "What would the Mexican government do if we encouraged our citizens to violate Mexican law?"

Mexican Foreign Minister Luis Ernesto Derbez has threatened U.S. citizens and the federal government with various lawsuits. When Arizona citizens approved Proposition 200 in November 2004 restricting access to state benefits by illegal aliens, Derbez threatened to sue Arizona in U.S. federal court. Then in April 2005, the Mexican Foreign Minister targeted U.S. citizens volunteering in the Minutemen project a grassroots effort by citizens concerned about unbridled illegal immigration and the U.S. Government's inability to control the borders. When the Minutemen took part in a border watch to assist the U.S. Border Patrol, Derbez stated that he would charge them in the World Court as human rights criminals.

In March 2005, President Fox, referring to the Minutemen project, stated that it reflected a disdain for the rule of law north of the border. Senator John Kyl (R-AZ) suggested that President Fox respect the right of the United States to defend its borders. Outraged by the Minutemen, U.S. immigration special interest groups rallied money and people to "monitor" these U.S. citizens and to assure that illegal aliens had their "rights" protected. In July 2005, Customs and Border Protection (CBP) Commissioner Robert C. Bonner explored the idea of having civilian volunteers work with the Border Patrol on a regular basis. Protests by immigration special interest groups were immediate. The idea was not acceptable.

In April 2005, in Los Angeles, a billboard proclaimed "Los Angeles, CA" with CA crossed out and MEXICO stamped in bright red letters, followed by "Tu ciudad. Tu equipo." (Your city. Your team.) The billboard was for a cable television station whose executive vice-president, Leonard Liberman, was quoted as saying, "L.A. is a Hispanic city." Recolonization is well on its way.

Recolonization and Reconquista

A number of Mexican politicians admit to being members in their youth of Movimiento Estudiantil Chicano de Aztlan (MEChA). Aztlan (derived from Aztec Land) is the organization's name for the U.S. lands it seeks to recolonize. The goal of the movement is to do away with European-American heritage, culture, and language by means of an ever-increasing Hispanic population in the United States. MEChA supports illegal immigration to effect a demographic change and to recruit foot soldiers for the economic and political battles against "the gringos" who stand in the way of Aztlan.

In January 2005, when the U.S. State Department issued a travel alert to U.S. citizens visiting northern Mexico, warning them of violence and security and safety concerns, the Mexican government issued an immediate protest. Fox said the crime was minimal and the U.S. State Department "exaggerated" the level of violence. His conclusion is contradicted by continued violence along the border between Laredo and Nuevo Laredo, including the assassination of the police chief of Nuevo Laredo within hours of his appointment. Despite the assignment of 1000 federal agents (Mexican) to police Nuevo Laredo, two more Nuevo Laredo police officers were gunned down in broad daylight, raising the total of dead Mexican law officers to a dozen in this tourist town. Also 100 U.S. tourists remain missing in Mexico. In July 2005, because of recurring violence, the U.S. State Department reissued the travel alert, to the dismay of Mexico.

Such violence extends to illegal crossers upon apprehension. Told by Mexican reactionaries that the United States is actually Mexican land, illegal border crossers are becoming increasingly confrontational and violent when stopped or questioned. The number of assaults on Border Patrol agents and U.S. property owners has increased. In the past eight months, 163 acts of violence toward Border Patrol agents were recorded in the Tucson, Arizona, sector alone, compared with 118 for all of last year. At the same time, Border Patrol agents are being instructed by their superiors to stand down and not pursue the offenders. Professional alien smugglers make it their business to know every nuance of U.S. Border Patrol orders, and such lenient policies only embolden illegal crossers.

Border Chaos and the U.S. Congress

The U.S. Congress is ultimately responsible for the chaos on the U.S. borders. For the last 20 years, Congress has passed muddled immigration legislation that obfuscates effective control of the borders. Any effective legislation that happens to be enacted often is watered down in the next session.

It will be interesting to see the fate of the REAL ID Act of 2005 passed by Congress as an amendment to the appropriations bill. If and when enforced, this law will effectively ban the use of foreign ID cards, such as the Matricula Consular. The bill also authorizes construction of more walls along the U.S.-Mexico border. When President George Bush signed the legislation, Mexican officials reacted by stating that a firm and formal complaint would be made. Ruben Aguilar, a spokesman for President Fox, said that Mexico may challenge the law before international organizations, such as the United Nations. President Fox stated that, although he respected U.S. sovereignty, the legislation was not the right approach. U.S. immigration special interest groups joined the protest, and Senator Ted Kennedy (D-MA) was among the Democrats who voted against the legislation, as were Senators Barbara Boxer (D-CA) and Diane Feinstein (D-CA). The California senators, as one author suggests, may actually represent an evolving landform called Mexifornia.

Senate Democrats have a record of opposing strong immigration measures. Led by Senator Kennedy, they vote to curtail border enforcement, to support "rights" of illegal aliens, and to oppose their deportation. On July 14, 2005, Senator Kennedy and fellow liberals, among them Senator Chuck Schumer (D-NY), Senator Hillary Clinton (D-NY), Dick Durbin (D-IL), and Patrick Leahy (D-VT), were instrumental in voting down funds for additional Border Patrol agents and detention facilities. Senator John McCain (R-AZ), a sponsor of the defeated bill, observed that, as a result, more illegal aliens will be released to freely roam the United States.

Congress is considering various proposed immigration bills, several of which would grant some form of "amnesty" to illegal aliens. Senators McCain and Kennedy are cosponsors of one of these bills.

Senator Kennedy's culpability for border chaos dates back to his days as floor manager for the 1965 Immigration Act (Hart-Celler Act) that opened the flood gates of immigration facilitating legal and especially illegal immigration. At the time, Senator Kennedy assured the American people "The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs" (U.S. Senate, Feb.10, 1965). Although Senator Kennedy no longer utters such assurances, he is certainly consistent as an immigration advocate.

The McCain-Kennedy bill in affect grants amnesty to illegal aliens, despite the sponsors' adamant claim that their bill is really a multi-step path to citizenship, not amnesty. The bill, which increases by 400,000, the number of legal immigrant workers permitted to enter the country each year, is endorsed by the immigration special interest groups hardly a point in its favor.

Senator John Cornyn (R-TX) and Senator Kyl are cosponsoring a bill they say will raise border enforcement by adding 10,000 Border Patrol agents to check U.S. work sites and patrol the borders. The Cornyn-Kyl bill contains a guest-worker provision but has no amnesty program a point in its favor.

Congressman Tancredo has a House bill that concentrates on enforcement provisions without addressing the status of illegal aliens. Other immigration bills are being considered, but if past is prologue any substantial immigration changes will be a long time coming.

Meanwhile, Mexico continues to be a dysfunctional nation-state seeking to find stability in the United States of America, but as an equal if not dominant partner. Some in the immigration special interest groups may be courting Mexican "recolonizers" to achieve their own goals for a new America ruled by an elitist oligarchy. First, however, they must "modernize" the U.S. Constitution. The unintended consequences could well be Los Estados Unidos de Améxico.

About the author

James H. Walsh, is a former Associate General Counsel of the Immigration and Naturalization Service, former federal prosecutor, and a U.S. German Marshall Fund Scholar on immigration.