TRUE Enforcement—Good News?
November 14, 2005, 04:00 AM
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The TRUE Enforcement and Border Security Act of 2005 was announced on November 3 by Congressmen Duncan Hunter (R-CA) and Virgil Goode (R-VA) and is currently "moving toward introduction this week or next", according to FAIR`s Stein Report.

Right now, other than some talking points, the details of what`s actually in the bill are nowhere to be found in Thomas—the Library of Congress` valuable legislative information site. Nevertheless, radio talk show host Terry Anderson already raved about "TRUE Enforcement" last week.

I`m a great fan of Terry.  But I`m still waiting with bated breath for the details. I`m a great fan of Congressman Tom Tancredo too, but I didn`t like everything in his H.R. 3333 when I saw it.

Still, I have to admit that, judging by the talking points released so far, some of the "TRUE Enforcement" provisions are absolutely tantalizing for an Immigration-and-Nationality-Act-ophile like yours truly.

Consider the following teaser about the TRUE Enforcement and Border Security Act of 2005, Title V – Penalties and Enforcement – Detention, Removal, and Departure:

  • Broadens scope of offenses subject to expedited removal

  • Allows reinstatement of removal orders for illegal aliens reentering the U.S. illegally

  • Bars illegal aliens in the U.S. for more than 180 days from seeking cancellation of removal in court

Wow, I can`t wait!

But it gets even better.  When I translate these talking points back into Immigration Act-speak, the sections of law targeted by "TRUE Enforcement" would warm the heart of any immigration law enforcement fan! 

Some of my all-time favorites are here: expanding Section 235(b) expedited removal, restoring Section 241(a)(5) reinstatement of removal for previously-deported aliens, and shutting down the EOIR`s rolling amnesty for illegal aliens in the ridiculous Section 240A(b) "cancellation of removal for certain non-permanent residents."

Now you`re speaking my language!

Although the devil is in the details, the concepts unveiled so far are right in line with what I`ve been beating the drum about for four years now . . . namely, taking jurisdiction away from the litigation bureaucracy of the EOIR (the Department of Justice`s Executive Office for Immigration Review) in order for the federal government to actually deport aliens.

Here`s a sample of my past efforts on these topics:

Summary Removal

Section 235(b) Expedited Removal

Ninth Circuit – (Morales) – reinstatement of removal

So stay tuned, immigration law enforcement fans.  There just might be some amnesty-free "TRUE Enforcement" right around the corner.

Juan Mann [send him email] is a lawyer and the proprietor of