WHO'S RUNNING AMERICA?

By Michelle Malkin

President Bush may finally be coming around to beefing up the border with National Guard troops, but it's not stopping foreign governments and activist judges from interfering in the enforcement of our immigration laws. The Mexican consulate is investigating our immigration agents for arresting illegal aliens in northern Kentucky:

The Mexican Consulate in Indianapolis has launched an investigation into the arrests of 76 Hispanic immigrants by Immigration and Customs Enforcement agents Tuesday in Northern Kentucky...

...Gil Esparza, director of the Hispanic Resource Center in Covington, said he is trying to help family members of those detained understand the situation.

Esparza said he is also referring individuals to the Mexican Consulate to ensure their rights are protected.

"I get calls from people scared and crying saying, 'What do we do? What do we do?'" he said.

Some of those arrested, Esparza said, "had kids in school at the time and now they have no mother and father to go home to. ... Then, immigration takes (those arrested) to jail, but nobody in jail speaks Spanish. ... That's my concern. ... I think it's right to go after the employer ... but my people are just looking for freedom. They're looking for hope. My heart breaks for them."

Aguilera said he is concerned that the arrests are part of a growing trend that will put many more immigrants behind bars. He said it is unclear whether those arrested this week face deportation or jail time, if convicted. But, he said the shock waves of the immigrant "round-ups" are causing great concern among the Hispanic community.

"I think it is certainly strange that all of the sudden authorities are taking so much interest in companies that employ immigrants, and are now launching so many of these types of operations, because they probably knew this a long time ago," he said.

"Our concern is that these operations by immigration keep popping up everywhere and we don't know exactly what's going to happen. We would like to know if this is going to stop at some point. We are hopeful that the work of the Senate and Congress will result in some kind of immigration law, so that people that are in the middle of all these operations of immigration are not affected - that the law will allow them to stay here."

Or rather, that continuing to ignore the law will allow them to stay here.

Meanwhile, an open-border zealot on the bench in Chicago rules that a carwash can't ask its own employees their immigration status because it constitutes intimidation:

A federal judge in Chicago has found that a suburban car wash tried to intimidate its mostly Hispanic employees by requiring verification of their immigration status after three workers complained about alleged sexual harassment.

U.S. District Judge Ronald Guzman issued a protective order May 5 barring
Glenview Car Wash from seeking further information about employees'
immigration status until a pending harassment suit concludes.

The class-action suit, filed on behalf of the car wash's male employees in
September by the Equal Employment Opportunity Commission, is based on
charges filed with that agency by Federico Antimo, Elmer Bethancourt and
Diego Perez.

The suit alleges the trio "had been subjected to, among other things,
unwelcome touching and offers of sex from the car wash manager, Anthony
Fillichio."

An attorney for the car wash, Peter Andjelkovich, said there is no evidence
to support the harassment allegations. He said he is reviewing Guzman's
order and considering an appeal.

The car wash simply was trying to comply with federal law by asking
employees to fill out forms verifying that they are authorized to work, he
said. The forms, which are supposed to be filled out before employees start
work, require workers to certify under penalty of perjury that they are
citizens, permanent residents or authorized to work.

Andjelkovich said the family-owned business discovered its personnel files
were incomplete while providing documents to the EEOC.

"There was no evidence of anyone being intimidated," he added.

Here's an understatement:

David Whitlock, an Atlanta-based attorney who specializes in immigration, called the order "highly unusual."

"It's a little odd to hear a judge ordering someone not to comply with
immigration law, but I understand why the judge might conclude this is
intended to intimidate the class," he said.

While we're on the subject of foreign meddling, there's a related development on the Border Patrol/Minutemen/Mexico story from Sara Carter of the Inland Daily Bulletin:

Congressional leaders Thursday called on the Department of Homeland Security to investigate reports that U.S. Customs and Border Protection has given information to the Mexican government about the locations of U.S. civilian border watch groups.

California Reps. Duncan Hunter, R-El Cajon, and Darryl Issa, R-Vista, along with Texas Rep. John Culberson, R-Houston, sent a formal letter to DHS Secretary Michael Chertoff asking for a full investigation into all circumstances and events related to civilian border observation groups and the Mexican government.

The letter was in response to a story published in Tuesday's Daily Bulletin, which reported Border Patrol officials shared civilian groups' locations with the Mexican government when illegal border crossers were detained and at the request of the Mexican consulate, among other things.

"U.S. Customs and Border Protection on Tuesday refuted the report, calling it 'inaccurate,' '' the congressmen's letter stated. "While that applies to those who are seeking to unlawfully enter the U.S., it must also apply to U.S. citizens who are peacefully exercising their right to protest and monitor along the border.

"We are deeply concerned that if the media reports are accurate and the Department of Homeland Security is relaying information to the Mexican government on the locations of these citizen groups, whether formally or informally, their safety is being put at risk and their peaceable goals undermined.''

The letter is here (PDF file).

*Update to the story - DHS has requested the Daily Bulletin retract its initial story. The paper is standing by its reporting. And on the ground:

Border Patrol agents, interviewed by the Daily Bulletin, said they were not surprised by Mexico's report and added that the Mexican consulate would normally request information from the agency and that U.S. officials would acquiesce to their requests.

On Thursday, the union chapter representing Border Patrol agents in Tucson, Ariz., issued a statement regarding the Mexican reports. "This Local has nothing to do with any alleged management directives to report the location of the Minutemen volunteers to the Mexican government,'' according to Local 2544's statement.

TJ Bonner, president of the National Border Patrol Council, which represents more than 10,000 border agents, said he has no doubt officials share information with the Mexican government and that line agents have been complaining for years about the issue.

Local 2544's website is here (hat tip: Allah).

A strong statement from Bush on Monday in defense of our sovereignty would be nice.

But I'm not holding my breath...

***

Polipundit already knows what Bush is going to say...

I can pretty much sum up what El Presidente is going to say in his Monday address. He’s said it all before:

I oppose amnesty, placing undocumented workers on the automatic path to citizenship.

Notice that Clintonian weasel word, “automatic.” Notice his unique definition of “amnesty.” “Undocumented workers” (or “illegal aliens” as they should properly be called) will not get “automatic” citizenship; therefore they’re not getting amnesty.

Instead they will be allowed to buy US citizenship for $2,000, provided they go “to the back of the line,” not the “front of the line”:

But what I do think makes sense is that a person ought to be allowed to get in line. In other words, pay a penalty for being here illegally, commit him or herself to learn English, which is part of the American system – (applause) – and get in the back of the line.

El Presidente is proposing to reward 20 million illegal invaders with US citizenship. Yet he’ll claim to oppose “amnesty.” This is not new; McCain and Kennedy claim to oppose “amnesty” too.

Tens of thousands of legal hi-tech guest workers who’ve been working here for several years are not allowed to join the line for citizenship, at the front or back. The 6 billion “decent human beings” around the world, who have never violated US or other laws, are not allowed to join the line, at the front or back.

The privilege of joining the line for US citizenship will be reserved for those who can prove that they’ve been committing immigration fraud, work fraud, forgery, and perjury for at least five years. Yet, this is supposedly not an “amnesty” for them...

THE BORDER PATROL UNDER SIEGE

THE BORDER PATROL UNDER SIEGE

By Michelle Malkin

The Department of Homeland Security is working overtime to quell citizen outrage over the Border Patrol/Mexico/Minutemen story. The contradictory spin doctors are not doing a very good job. I'll have more in a moment.

But now is a crucial time to step back and look at this disturbing episode in a larger, informed context-- that is, as part of the longstanding battle between DHS management and rank-and-file employees over strict, tough, and unapologetic immigration enforcement. Supervisors in Washington and in major Border Patrol sectors are cowed by ethnic activists, business lobbyists, and meddling Mexican consulates. Field agents are demoralized by top-down efforts--from the White House on down--to undermine their law enforcement duties.

Most news consumers--and politicians and Washington wags--have extremely short-term memories. But people on the ground fighting this battle every day, and those covering it, don't.

I remind you of the jaw-dropping directive issued in August 2003 by then-San Diego Border Patrol Chief William Veal directing local Border Patrol agents to ignore suspected illegal aliens on city streets and at worksites in San Diego. The order was made in response to--you guessed it--complaints by the Mexican Consulate over Border Patrol arrests of illegal aliens seeking to obtain Mexican identification cards. Deputy Consul General Javier Diaz met with Veal to protest the arrests, while Mexican Consul General Rodulfo Figueroa issued a statement saying he was "astonished by the arrests because of their proximity to his office." The Bush Treasury Department, ignoring the warnings of seasoned immigration enforcement officers and FBI agents concerned about matricula consular card fraud, approved the use of these illegal alien documents for opening bank accounts--at the behest of, you guessed it, Mexican consular officials and business lobbyists.

Click for full-size images:

In admonishing his agents to look the other way at lawbreakers Veal wrote: "We have a continuing obligation to prevent any public perception that the Border Patrol may be conducting 'neighborhood sweeps.'"

A continuing obligation to whom?

After a public outcry over the memo, DHS backed down and rescinded the order. But it did not change the cowardly p.c. culture among higher-ups at the department.

I remind you that just a year later, Border Patrol rank-and-file blew the whistle on Beltway bosses retreating from interior enforcement again. After extensive intelligence-gathering, local agents had conducted effective illegal alien sweeps in July 2004--which sent Mexican officials and the open-borders lobby into full-scale hysteria. Washington bowed to the pressure and ordered the agents to stop enforcing immigration laws. Grilled by KFI's talk show hosts John and Ken, then-DHS undersecretary Asa Hutchinson--who had badmouthed his own employees and condemned the sweeps--blubbered that DHS would enforce immigration laws "in a reasonable manner and will consider the sensitivities associated with interior enforcement of our immigration laws."

Sensitivities to whom?

I remind you that the following year, in May 2005, a dozen Border Patrol agents told the Washington Times that they had been instructed to “stand down” from arresting illegal aliens near where Minutemen protestors had patrolled in April. The agents understood that an increase in arrests would prove the effectiveness of extra manpower on the border and would credit the Minutemen’s approach. Several sources, including the President of the National Border Patrol Council, confirmed the newspaper report.

I remind you that a year ago this month, the same DHS that says it now supports what the Minutemen are doing barred the group's founder from a press conference with Michael Chertoff in Arizona and badmouthed the citizen efforts.

And I remind you of Heather Mac Donald's exhaustive investigation of the Mexican government's growing power and influence in working to sabotage immigration enforcement efforts.

I could go on. But having been reminded of the past, recent, and continuing behavior of DHS brass--in opposition to their own rank-and-file employees and in opposition to rigorous law enforcement--you will now hopefully have a deeper appreciation for why the denials and contradictions of DHS officials in Washington about the Border Patrol/Mexico information-sharing story from the Daily Bulletin ring rather hollow.

And square perfectly with the longstanding reality of a Border Patrol under siege and undermined by its own leaders in Washington.

I had a perfectly nice chat last night with DHS spokeswoman Kristi Clemens, who insisted that the Border Patrol does not share information about the Minutemen with the Mexican government--and then confirmed, twice and plainly, that the agency does identify when and where civilian volunteers are involved with illegal alien apprehensions if border-crossers call their neighborhood Mexican consular officials to complain about intimidation or harassment while sneaking into the country. (For the record, her boss told NRO's Andrew McCarthy the exact opposite! As usual, the spinners in CYA mode can't get their story straight.)

Clemens stressed several times that DHS believes there is no conceivable reason why the Border Patrol would collaborate with Mexico against the interests of American citizens.

Clearly, they have short memories.

SENATE TO RETHINK IMMIGRATION BILL

That’s the message Bill Frist is sending to the American people in this AP article.

Republicans moved Wednesday to have the Senate spend most of the next two weeks reconsidering an immigration bill that faltered just before Easter over whether to let millions of illegal immigrants remain in the United States. “We’re ready to start the process,” Sen. John McCain, (R-AZ), said Wednesday after emerging from a meeting with a few other Republicans in Majority Leader Bill Frist’s office. Frist, (R-TN), said he would continue talks with Minority Leader Harry Reid, (D-NV). He added, however, that debate would begin early next week on amendments even though he and Reid have no agreement on how to proceed with the bill.

It sounds like Frist got the message that border enforcement is the top priority with the GOP base. Appearing on Bill O’Reilly tonight, Frist said that there would be a strong enforcement component to the bill. I’m still skeptical at this point but I hope he’s serious.

O’Reilly told him that this single issue could sink the GOP this year and Frist quickly agreed. O’Reilly also told him that McCain-Kennedy was dead in the water until border security was fixed. I totally agree with O’Reilly on McCain-Kennedy.

Reid has insisted that once the bill is passed, those who support protecting illegal immigrants from deportation must control the Senate team that will negotiate with the House in conference in developing a final bill. “Unless there is agreement on conference, the bill will go nowhere. Nowhere,” Reid said Wednesday.

Think of how breathtaking that statement is. Reid will filibuster everything until he’s guaranteed that legislation will legalize illegal ‘immigrants’. So much for their “Real Security” campaign.

MORON EDUCATION OR HOW CALIFORNIA TEACHERS FAIL THEIR STUDENTS

I received this note from a former LAUSD teacher regarding Title I students. He didn’t know the source of this report but that his experience at LAUSD corroborates the comments.

In describing the waste of students who took advantage of the schools’ free breakfast and lunch:

These meals include cereal bars, fruits and juices that would make a Marriott proud. The waste of this food is monumental, with trays of it being dumped in the trash uneaten.(Teachers) estimate that well over 50% of these students are obese or at least moderately overweight. About 75% or more of them own cell phones.

Cell phones? — No wonder they can’t afford meals at school…

“Some of these schools provide day care centers for the unwed teenage pregnant girls (some as young as 13) so they can attend class without the inconvenience of having to arrange for babysitters or having family watch their kids.”

“(The teacher) was ordered to spend $700,000 on her department or risk losing funding for the upcoming year even though there was little need for anything; her budget was already substantial. She ended up buying new computers for their computer learning center; half of which, one month later, have been carved with graffiti by the appreciative students who obviously feel humbled and grateful to have a free education in America.

“(The teacher) has had to intervene several times for young and substitute teachers whose classes consist of many illegal immigrant students here in the country less than three months who raised hell with the female teachers, calling them “putas” (whores) and throwing things (bringing many teachers to tears).

After stonewalling efforts to audit LAUSD incompetence, graft, and the serial retardation of millions of students since 1972, school board member Jon Lauritzen says that LAUSD’s charter schools need more oversight and that some may be closed down.

Talk about nerve…

As I wrote here and here, the reason charter schools and vouchers fail is because they are deliberately underfunded by school districts that oppose them. LAUSD’s $13.4 billion annual budget (not counting Title I and other funding) translates into $18,431/year per student, but only a fraction of that reaches classrooms.

If schools like Fenton Charter received the full $18,431 for each of their 1300 students, their $24 million annual budget would easily provide the resources necessary to educate their students. Lauritzen cuts these schools short and then complains that charters and vouchers are failing. And when we demand to know where the wasted funds go, the LAUSD board refuses to tell us.

Which brings us to Alameda County Superior Court Judge Robert B. Freedman, who seems to recognize the dysfunction.

In his tentative ruling this week, he has decided that 46,000 high school seniors who flunked the mandatory high school exit exams should get their diplomas anyway because, as Attorney Arturo Gonzalez says, If the state is going to deprive a student of a diploma based on a single test, then they must ensure that every student has an equal chance to prepare for it.

This is consistent with my arguments.

In affluent neighborhoods, parents and children served by public schools enjoy competition that low-income students do not. When public schools fail in affluent neighborhoods, parents can pull their children out and place them into private schools. LAUSD directs the best funding, teachers, and resources toward affluent neighborhoods and away from low-income parents who are stuck with what they have.

Fully funded charters and vouchers would level the playing field by providing opportunities that LAUSD and other monopolized union schools never will. Since 1972, the LAUSD has turned our public schools into drop-out factories, redirecting billions of dollars away from students toward unions and the politicians who support them.

After 34 years, its time that funding is assigned to students, not dysfunctional school boards.

–

Clark Baker is a senior contributor* to CaliforniaConservative.org. He is an author, a filmaker, a father and a retired LAPD officer. And he’s currently running for a seat on the California Assembly.

You may read more of Clark’s work here and regarding his campaign here (Scroll down). For more, visit JoinClark.com, the official campaign website.

GOVERNMENT EDUCATION AT WORK

The focus this time is on California. Six students in Oakland have filed a lawsuit challenging the requirement that California high school students pass an exam showing that they have gained a minimum amount of knowledge on certain core subjects like math and science before they can receive a high school diploma. These state-educated students get about 10 chances to take the test, and they get free remedial courses every time they fail. That's not enough for the six students who just, frankly speaking, weren't bright enough to pass --- even after being spoon fed.

Yesterday we had students protesting outside of the courthouse where the suit was being considered. They held signs reading "Stop the Exit Exam. Testing is not Teaching."

Sorry .. but they're wrong. Testing is most certainly teaching. It's teaching you what you haven't learned.

Anyway ... one student .. with a ring through her nose, by the way ... spoke for the CNN cameras. Here is what she had to say:

"So we want to show our support and to show the judge that we will not stand in silence and allow our students to be failed and denied the opportunities to equal education."

Well now, isn't that special? They aren't going to "allow" these students to "be failed." Not that it would do any good, but someone ought to try to explain to Ms. Government-educated Ring-through-my-nose" that these students aren't "failed." They fail. There's a difference, though you might not expect a government schooled teenager to understand it, between failing and being failed. And as for this "opportunities to equal education" nonsense. Again, maybe someone can explain to her that equal opportunities to education do not necessarily mean equal results from education.

None of this matters though. My guess is that this judge will kill off the exit exam in California. After all, who do these legislators think they are? How can you demand of students that they actually show that they have learned the material?

Listener John responds to Ken Mehlman and the RNC's request for money...

OUR BORDER PATROL.... OR MEXICO'S

By Michelle Malkin

Who does the U.S. Border Patrol work for? Apparently, not for us.

If you have high blood pressure, don't read on. The Daily Bulletin reports:

While Minuteman civilian patrols are keeping an eye out for illegal border crossers, the U.S. Border Patrol is keeping an eye out for Minutemen -- and telling the Mexican government where they are.

According to three documents on the Mexican Secretary of Foreign Relations Web site, the U.S. Border Patrol is to notify the Mexican government as to the location of Minutemen and other civilian border patrol groups when they participate in apprehending illegal immigrants -- and if and when violence is used against border crossers.

A U.S. Customs and Border Protection spokesman confirmed the notification process, describing it as a standard procedure meant to reassure the Mexican government that migrants' rights are being observed.

"It's not a secret where the Minuteman volunteers are going to be," Mario Martinez said Monday.

"This ... simply makes two basic statements -- that we will not allow any lawlessness of any type, and that if an alien is encountered by a Minuteman or arrested by the Minuteman, then we will allow that government to interview the person."

Minuteman members were not so sanguine about the arrangement, however, saying that reporting their location to Mexican officials nullifies their effectiveness along the border and could endanger their lives.

"Now we know why it seemed like Mexican officials knew where we were all the time," said Chris Simcox, founder of the Minuteman Civil Defense Corps. "It's unbelievable that our own government agency is sending intelligence to another country. They are sending intelligence to a nation where corruption runs rampant, and that could be getting into the hands of criminal cartels.

"They just basically endangered the lives of American people."

Officials with the Mexican consulate in Washington, D.C., could not be reached for comment Monday.

To top it all off, Border Patrol agents are reportedly being told to ignore reports of illegal alien sightings--or to omit credit to Minutemen when they file such reports with DHS:

TJ Bonner, president of the National Border Patrol Council, a union representing more than 10,000 Border Patrol agents, said agents have complained for years about the Mexican consulate's influence over the agency.

"It worries me (that the Mexican government) seems to be unduly influencing our enforcement policies. That's not a legitimate role for any foreign nation," Bonner said, though he added, "It doesn't surprise me."

Border Patrol agents interviewed by the Daily Bulletin said they have been asked to report to sector headquarters the location of all civilian volunteer groups, but to not file the groups' names in reports if they spot illegal immigrants.

"Last year an internal memo notified all agents not to give credit to Minuteman volunteers or others who call in sightings of illegal aliens," said one agent, who spoke on the condition he not be identified. "We were told to list it as a citizen call and leave it at that. Many times, we were told not to go out to Minuteman calls."

Not a surprise, of course, when the nation's own president considers overwhelmingly peaceful supporters of immigration enforcement "vigilantes."

SNITCHING & SPYING FOR MEXICO

By Michelle Malkin

I'll keep updating my first post on this subject with reader feedback. Meantime, the Minutemen Blog has details not reported by the Daily Bulletin:

Sara Carter, a reporter with the Inland Valley Daily Bulletin, reports today that she found documentation on Mexican government websites that show higher ups in the United States Border Patrol have been tipping off the corrupt Mexican government as to the locations of the Minutemen along the border.

This article does not report information told to the MCDC media offices that the Border Patrol chiefs have also been passing along intelligence reports to the government of Mexico on the activities of Minutemen not only at the borders, but in locations such as Utah, Nevada, Illinois, Massachusetts and Tennessee. Perhaps a follow-up story is coming tomorrow or an over zealous editor took the info out?

Part of a report distributed last August to the Mexican government from Border Patrol bureaucrats read over the phone to the MCDC media offices contained not only numbers (estimated chapter membership) of Minutemen in Illinois, but a statement on their activities and that they didn't seem to know any politicians there, indicating that the Illinois Minutemen didn't yet have any political clout.

That is not a report on the location of Minutemen at the border, but political intelligence from our government to a foreign nation about the activities of American citizens petitioning our own government for redress of grievances.

The Minuteman Civil Defense Corps media offices will contact the reporter to inquire about copies of the documents and the timing on a follow-up story with the reports to the Mexican government of activities of Minutemen in INTERIOR states, as if reports of our locations in the border states weren't bad enough.

If the ACLU weren't so busy demonizing the Minutemen, you would think they might be on the side of law-abiding Americans being surveilled by their government. Where are the privocrats now?