WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, June 25, 2012

DREAM

UPDATE: Supreme Court rules life sentences without parole for juveniles are unconstituional. Miller v. Alabama.

If you're not reading Robert Caro's  The Passage Of Power, you're  missing out on the remarkable story of Lyndon Johnson's humiliating years as Vice President and the even more remarkable way he took control of the county within hours of becoming president. It is a breathtaking story full of pathos and containing more intrigue and twists and turns than any fictional story writer could invent. 


With the Miami Heat generating intense discussion, we turn to a less emotional subject: 
The Dream Act:
Marco came to the United States  with his mother when he was 18 months old.  His father had been killed before he was born. With relatives in the United States promising her a steady job and the chance of a better life for her son, Marco's mother entered the United States illegally. That was seventeen years ago. Today Marco has graduated high school as the valedictorian. His scores on math and science exams established him as one of the brightest prodigies in the United States. Schools like Stanford and MIT are interested. During the past seventeen years Marco's mother has lived a law abiding life, working for a cleaning service and having her payroll taxes deducted. 


What is to become of Marco, an illegal immigrant? 
Should he self deport as Mitt Romney wants?
Should he  be held responsible for the acts his mother did on his behalf when he was an infant?
Should he benefit from his Mother's crime? 
Should the United States extend citizenship because of his intellectual promise? 


The Dream Act (Development, Relief, and Education for Alien Minors) first proposed in 2001 by senators Hatch (R, Utah) and Durbin( D, Illinois) provides a path to permanent residency for certain aliens, who came to this country as minors, lived here continuously and in a law abiding manner, and who then complete two years of military service or two years of college. 


The bill in various forms has been re-introduced every year since 2006. 
On June 15, 2012 President Obama signed an executive order ending the deportation of illegal aliens who meet the conditions for permanent residence under the Dream Act. 
Fair? Foul? A usurpation of legislative power by the chief executive? 
Is this still a country of immigrants or is immigration at unsupportable levels one of the serious drains on our economy? Discuss. 

32 comments:

Anonymous said...

What will this mean for Michael Hernandez????

Anonymous said...

Let the kids stay. Let their parents go.

Anonymous said...

I read Miller's syllabus (didn't have time to read the opinion), but it seems to me that the Court only prohibited states from enacting laws REQUIRING that youths be sentenced to life without parole for murder. It seems that judges/sentencers still have the ability to sentence a youth to life without parole. Am I mistaken?

BTDT

Anonymous said...

Wow, our very own Honorable David Young caught up in doing favors for Mayor Kasdin and screwing the City of Miami taxpayers. Read all about it here -- http://www.thecrespogramreport.com/Site_10/ANOTHER_BAD_DEAL.html

Hey Scott, nothing like a little blood money to finance your next campaign, huh?

Eye on Shumie said...

Nice to call the Shumie for life in prison for kids. Best Shumie ever.

Anonymous said...

Can we get Elian back?

Anonymous said...

I worked for the State on a Graham case shortly after the Supremes came out with the opinion, which I agreed with. A person is considered an adolescent until their mid-twenties and their brains are not fully developed. Thus, I do not believe they should be held responsible in the same way that adults are. Bravo to SCOTUS for taking another step in the right direction.

Anonymous said...

Rumpole: you say: "Marco's mother has lived a law abiding life, working for a cleaning service and having her payroll taxes deducted."
This is a woman you said came here Illegally.
So how is she working and having payroll taxes deducted? Is she paying income tax? How did she get a social security number?
In my office we have to check for proof of legal status before hiring anyone. Our payroll service won't process payroll for anyone without a SSN.

That being said, I think we should deport any of the adults that came here illegally. If the children were under 18 at the time they were brought over here, and meet some other requirements, school, etc., they can stay.
Put the burden on the parents to then choose whether they want to make provisions to leave their children here without them or return to their home country with them.

If the parents choose to leave them here (or they are orphans) they should have some type of legal status. (not necessarily citizenship right away)

We don't punish children for the crimes of their parents, but at the same time, they shouldn't be rewarded either.

DS said...

Bank Robbers don’t get to keep the stolen loot to pay for their kids education. It’s Still Stolen.

Illegal’s come here, especially w/ their kids , to give the kids, their family, a better future. If we allow the Kids to stay are not we allowing Bank Robbers to spend the stolen loot on their kids education.

Are we not allowing the Illegal’s to win, their kids get a better life as US residents.
Education, Tech or College helps the Kids have a better, higher Paid life.

Going to Collage is only tertiary to bettering America.It Betters you and your Family status not the USA directly.

My PERSONAL opinion is the only relief , like a DREAM act, or Amnesty has to require MILITARY SERVICE or something equivalent, like VISTA or AmeriCorps, than give kids who grew up her Legal Residency.

They MUST repay America by Personal sacrifice not getting a college degree.
Any other way and the Parents who brought them here Illegally have won their prize, A Better Life for THEIR KIDS.

My Wife, Her Brothers and Sisters ALL came her Legally, as Did Great-GrandMother Helen and Grandma Sadie ( at 3 yrs old. ).

DS

Anonymous said...

4 years of military service, and any illegal kid should get legal status, and all military benefits.

They don't get something for nothing, and they get to stay.

Anonymous said...

good question and one I wondered myself. Will Michael Hernandez be re-sentenced?

Anonymous said...

If the bank robbery money is already spent we don't require the kids to pay it back.

we put the bank robber in jail (or deport them). But the money that was spent for their food or clothes is gone.

Anonymous said...

The reason this country is great is because we attract people with the balls and creativity to come in illegally and succeed. Only an idiot will expel the best and brightest no matter where they are born. What are we to do? deport valedictorians so they can compete with the people they whipped in school while they were here. The cubans are a perfect example, who would you prefer to go onto battle with? the sonofabitch who turned a 54 chevy into a boat and drove across the straights of florida succesfully twice! or the guy who stands in line at the embassy for days on end and can fill out forms?

DS said...

My Example assumes that the Bank Robber saves the Money to use for his kids [ like an educational savings fund] , that is only way my analogy works.

Parents do something illegal , how can we allow the children to BENIFIT from that illegal act?

I reject punishing kids for parents misdeeds , but if kids allowed to stay in USA with no payback to USA, then parents acheive what they wanted by their illegal conduct.

A Better life for their kids.

Anonymous said...

All we really need are one law and one amendment. The law :No person who enters the United States or remains therein in violation of law shall be granted residency or citizenship. The amendment : ... Natural born persons born to at least one parent who is either a lawful permanent resident, or citizen of the United States. Problem solved . Then give out about 6 million 5 year work permits to foreign nationals with the proviso that the permit is renewable for another 5 years if taxes have been paid and no convictions; after 10 years (and you can fast track for military service),you get a green card. Easy as pie. Jason Grey

Anonymous said...

DS - We all came here from somewhere. So the melting pot is finished and now we have to stew with no more ingredients? Legal or illegal who gives a flying f@#&!!! Its either we live in an America that lives up to its founding principles or we live in an America that continues to betray those founding principles. You can't have it both ways.

Cooler said...

Wherever you go in Miami these days, you inevitably hear six little words that will change everything real soon:
"It's cooler to vote for Pooler."

Anonymous said...

3:33, most illegal aliens get an Individual Taxpayer Identification Number (ITIN) from the IRS to pay taxes. They know that any immigration reform law will require proof of tax returns, so they file their returns and pay their taxes and the IRS doesn't care about their immigration status and will not share their information with immigration authorities.

Anonymous said...

DS,

How dare you compare a person who commits an armed bank robbery with a person coming to the US in order to work for $6 per hour, 100 hours a week and try to make it. Yes they both may be illegal but one is violent and the other is not. And no, the money one gets from a bank robbery is not the same as the money an illegal immigrant makes by working his ass off out in the sun just because he or she has no papers to get a more paying job that is at least the minimum wage.

Wow, you got some balls comparing the two!

Anonymous said...

DS

Your pro -union banter is so predictable. You should be deported for sucking off the government tit for your entire legal career. You are proof that it is not better not to burn out then to fade away.

Anonymous said...

DS,
parents who bring their children here illegally are selfish. they dont necessarily want a better life for their kids, they want a better life for themselves.
it's a he** of a burden to put on your kids knowing they'll never be able to get a job legally or get a driver license or apply for a passport to go on a spring break trip with friends. They may get an education but what then? sure they could clean houses or cut lawns, but they can;t get a real respectable job without a social security number.

Anonymous said...

I'd gladly let in 50 illegal immigrants if we could deport American Minority to Syria.

enquiring minds wnat to know said...

Can somebody please advise why, after only five months in the Criminal Division, Judge Manno Schurr was suddenly transferred out and Judge Ellen Venzer was brought in?

Anonymous said...

Because Venzer hated it in civil

Anonymous said...

3:33 I would guess that most who are here illegally don't apply for a Taxpayer ID #.
Plus, a TIN is not an authorization to work here.
You can't get a TIN unless you have valid foreign status and people who are here illegally often don't have that.
TIN's are generally used by foreign nationals who are doing business here, buying property, etc who are required to abide by US tax laws.

If we were all willing to pay more for things like tomatoes then there would be no market for hiring illegals and we could get citizens better wages for doing those things and it might solve part of the problem. Crackdown on employers who are illegally hiring people.
But be prepared to pay the price.

Anonymous said...

I think this Blog has jumped the shark.

I'm not sure why I read anymore. I think it's just a habit.

Crazy Horse said...

"My My. Hey, Hey. It's better to burn out than fade away" --- Neil Young.

Anonymous said...

@10:26 a.m., you can get a TIN even if you don't have a legal immigration status. Ask your illegal alien clients who have them.

DS said...

WOW so much to respond to:

America is a melting pot. But OUR LAWS are clear. An Immigrant needs the permission of the US Govt to be here. All else is illegal.

You Should not be able to profit from your illegal deeds, including your kids who are here illegally getting free Residency Status cause their parents brought them into the USA illegally as kids. The Bank Robbery comparison ISs useful . The Parents acted illegally by coming here w/out ICE approval, Staying here w/ their kids w/out ICE approval. The Stolen loot is the Residency here in the USA. That is something they keep. I am not talking about actual $$, it’s a metaphor.
The Parents and Kids get to keep the stolen loot ,if the Kids get residency as an amnesty for just going to college . They Must pay up and make amends by restitution to the Federal Gov’t. through Military service.

Also
1032, I don’t except the concept they take jobs Americans will not. I have lots of clients who seek work. But it’s easier to give them to illegal’s than poor souls in the ghetto.

1045
I don’t get why my comments were described as was pro-Union banter .
Also why do you think working for the PDs is not work.
Or is it you don’t believe that the gov’t should pay for lawyers for the poor.

1105
The Kids grow up here in the USA, get a good childhood, a good Public education and now only have to go to college to get legal. And you say they, the kids, suffer. No way. It’s a better life than where-ever back home was. Wah Wah, They get Dl and work anyway since it seems illegal live here by the MILLIONS without difficulty of not having a SS#.

Crazy Horse is correct.
My My Hey Hey,
Rock and Roll will never Die.
It’s better to fade away….
By the way the New Neil Young & Crazy Horse’s New Song is great,
IT’S A Piece Of Crap

http://www.youtube.com/watch?v=BZFtjRycPDs

Why should I be deported. I , my parents and 3 of 4 of my grandparents are Born Here.
Great Grandmother Helen Korman , a Hundred and Ten years ago brought the family, including my Grandma Sadie as a 3 year old, , here from the Pale, legally , through Ellis Island and were processed. Same w/ the Sisselmans, a Hundred and Sixty Years ago coming from Minsk and Pinsk. Course my Mom’s family came way before that, having an ancestor who fought for the US in the War of 1812. All Legally.
Remember, my Wife and her family , have 12 members that came and are here legally from the Dominican Republic. My Wife is a naturalized citizen of the US

I am not anti-Immigrant, Just anti-illegal. Especially those who commit crimes here while being illegally here in the USA
Again, I am not anti-immigrant only against those who violate our laws coming here without OUR Federal Government’s permission.

DS

Anonymous said...

I refuse to pay more for tomatoes.

There, I said it.

Anonymous said...

I don't think you have to have legal status in US to get TIN number. But don't you have to have legal status somewhere? Some of clients, especiall the younger ones, don't have any ID from their 'home' country because many of them haven't been there since they were 3 or 4 years old.
Plus, I still don't think just having a TIN gives you work authorization.
Regardless, if people didn't hire illegals they wouldn't come here. Crack down on employers.

DS said...

For those brought here as kids , they must sacrifice, make amends by restitution to the USA through Military service or something similar [ like old CCC or VISTA, a Peace Corps at home ].

Upon volunteering they and family under 16 get TPS. Over 16 have to join up and go in after graduate or turn 18 or 19.

After Boot Camp ( Military not corrections) they get Residency status, after full tour of duty enlisted for , if pass background check and pass citizenship test test ,they get citizenship.

For every extra tour of duty a parent or grandparent moves from TPS to Resident, gets Green card.

Even provide if went to elementary, Middle or High school here in U.S., can pass citizenship test and background cleared, They can become citizens if deployed to active combat or similar duty ( Peace keeping in Iraq, Supporting the Afghan Govt. ).