UA Chancellor Promotes Lawlessness  - Rep Jon Hubbard Objects

According to the Arkansas Times (see link below),  the University of Arkansas Chancellor David Gearhart is promoting a program that consists of presentations of five illegal aliens.  Gearhart knows he is promoting lawlessness by his quote below:  "Two panelists are university students who grew up in Arkansas. The other three panelists grew up in Massachusetts, New York and Virginia, respectively. Their undocumented immigration status makes travel within the U.S. difficult and risky and their ability to work legally impossible. They are taking a significant risk by making themselves so publicly visible"  Why would their travel  and being "publicly visible"  be risky if they were not involved in lawlessness?  And shouldn't we expect a Chancellor of a University to uphold the law rather than openly flaunt  it? See the very end of this email for the penalty for anyone who harbors or aids an illegal alien or " who encourages or induces an alien to come to, enter, or reside in the United States."  Evidently Chancellor Gearhart is familiar with that law.   See  Dr. Gearhart's invitation announcement as well as Representative Jon Hubbard's response to it in green font below.  

If you don't have time to read my remarks, go directly to the green font below.

Of course, the whole purpose of Chancellor Gearhart's announcement and the panel discussion itself is to develop sympathy for illegal aliens but somehow totally ignores any sympathy building for the American citizens that are paying more taxes for the ever increasing education costs, medical and emergency expenses, earned income,  prenatal care, and many other welfare programs that illegal aliens receive.   Governor Beebe even admitted in 2011 that the state does not even track "how much it spends to provide services to people who are in the country illegally."   Nor does the Chancellor or other liberals  show any sympathy with all those who have lost their businesses and jobs because the illegal aliens often work so much cheaper because they work outside the regulations and laws imposed  that citizens must follow. Or what about the 5.3  percent tuition increase on students at the University of Arkansas itself coming up this Fall. I am sure that has nothing whatsoever to do with footing the bill for illegal aliens attending the University of Arkansas just as the ever  increasing medical and hospital costs have nothing to do with paying the high costs for those illegal aliens who get it free.

Arkansas Times, as usual,  is blasting Hubbard and those like us as racists and bigots when all we are doing is asking that our nation remain a nation of laws.    I don't know of any conservatives who are promoting the disregard of the law  for Christians, conservatives, or any other segment of people.  When the liberals see us doing that, then they may have a right to call us racists or bigots when we address the issue of illegal aliens being held to the law of the land. The liberals are the ones guilty of discrimination because enforcement of law for one person and non-enforcement for another is one of  the worst types of discrimination.  

 Liberals can't seem to realize  that a country with a welfare system can't afford open borders.  Conservatives' stand on illegal aliens has nothing to do with racism or bigotry; their concern is simply over lawlessness in the land and preventing our country from economic disaster.

Besides the law being on our side, according to polls, far more people agree with Representative Jon Hubbard, and greatly appreciate his actions in this matter, than with Chancellor Gearhart's.  

In February, 2011 "A new Rasmussen Reports national telephone survey finds that 67% of Likely U.S. Voters – two-out-of-three – think a state should have the right to enforce immigration laws if it believes the federal government is not enforcing them. Just 22% disagree and say states should not have that right.  Every similar poll on illegal immigrants has similar or higher percentages that oppose illegal immigration.   "http://www.rasmussenreports.com/public_content/politics/

current_events/immigration/67_say_states_should_be_able_to_enforce_immigration_laws_if_feds_are_not  Note the law quoted in green font at the very end of this email

 

UA announcement from Chancellor Gearhart of the University of Arkansas

“What’s it like to grow up in America but not be an American?” That’s the question five young, undocumented immigrants will address as part of a unique, nationally relevant panel discussion called “Undocumented: Living in the Shadows,” to be held in Fayetteville on Monday, April 23 from 7:30 to 9:00 p.m. Given your leadership position in our state, I invite you to join me for this thought-provoking evening, which is being coordinated and sponsored by the University of Arkansas. The five panelists taking part in the discussion were brought by their parents to the U.S. at a young age. Some of them don’t have any connections or recollection of the country in which they were born. Two panelists are university students who grew up in Arkansas. The other three panelists grew up in Massachusetts, New York and Virginia, respectively. Their undocumented immigration status makes travel within the U.S. difficult and risky and their ability to work legally impossible. They are taking a significant risk by making themselves so publicly visible. However, they deeply believe in the importance of sharing their stories about fears, self-identity, and the national immigration debate. We appreciate their willingness to do so. The April 23 event will be held at the Town Center in Fayetteville. While the event is free and open to the public, seating will be limited. Please RSVP by April 19 if you are interested in attending and we will reserve seats for you. I truly hope you will join us for this special event. Best wishes, G. David Gearhart Chancellor

Hubbard's email:

Dr. Gearhart:

I would be very interested in knowing why the University of Arkansas, a state institution which receives a large portion of it's operating budget from taxpayer funds, would knowingly allow itself to participate in a program for those who are in this country and this state, "illegally"? If you understand and agree that being "undocumented" is the same as being "illegal", then how can you, as Chancellor of the University of Arkansas Fayetteville, explain and justify taking part in an activity in support of someone who is knowingly and openly breaking Federal Law? In your announcement of this event below, you praise these undocumented/illegal persons for their willingness to take part in this event, and you referred to their actions simply as the "national immigration debate", instead of what it actually is, an "illegal" and criminal activity!

Please consider this as my official request that you explain both your own, and that of the University of Arkansas, roles in this specific, and most likely, "illegal" activity. I look forward to your prompt reply.

Sincerely,
Jon Hubbard
State Representative
Jonesboro, AR

  Gearhart did admit that  "Arkansas has one of the larger populations in our midst."

The following article that  I wrote some time ago gives the law and explains how our college Presidents are disobeying federal law.

Department of Higher Education Says

 He Will Obey One Law But Disobey Another

http://www.wpaag.org/Immigration%20-%20Beebe%20obeys%201%20law%20-%20disobeys%20another.htm

 

Note the inconsistency in obeying the law in the statement made by the Director of Arkansas Department of Higher Education Jim Purcell, as reported by the Arkansas Democrat Gazette.

 

"Purcell said it's not his intent for colleges and universities to verify students' legal status and to remove them from campus if they're not in the country legally. It's just to ensure they're not afforded the privilege of paying the state-subsidized tuition rates, he said."

 

Note how Purcell is finally obeying one law (no more in-state tuition for undocumented students) because of pressure from the governor and disobeying another one (the one that bars undocumented students from college.) He says he is not going to remove students from campus if they're not in the country legally - not even in the country legally means they are here illegally and violating federal law.   

 

If that is not enough, federal law, 8-USC-Section 1621, says you can't provide postsecondary education to illegal aliens unless the state passes a law to do so (see excerpts from law below with link). Arkansas has not passed such a law, so it is just as illegal to allow undocumented students to go to college at all as it would be illegal to allow them to pay only in-state tuition.  And it is just as illegal as it would be to deny education for children of illegal aliens K-12.  Act 1621 is a federal law passed by Congress Provision for education for K-12 education for undocumented students was just a court decision. Can you imagine how quickly a school would be prosecuted if they denied education to K-12 students? 

 

Children of illegal aliens become illegal themselves and subject to deportation at 18 1/2 (unless they were born on US soil). Therefore, college undocumented students are unlawfully present here and cannot lawfully operate and hold jobs, so it makes no sense to use taxpayers' money to subsidize their education or to tempt them to steal a citizen's identity in order to get a job.

 

At legislative hearings on HB1525, in 2005, a bill to give scholarships and in-state tuition by Joyce Elliott, several presidents of colleges  spoke in favor of the bill.  However when asked one by one by a legislator if they would hire these students when they graduated, these university presidents all admitted they would not.  They knew they had to answer this way; otherwise they would be confessing they would be willing to be involved in criminal activity by hiring them. They knew the law on hiring illegal aliens, but they did not know the law on postsecondary education or chose to ignore it just as Arkansas Department of Higher Education Jim Purcell is doing now.

 

Even U.S. Immigration and Customs Enforcement (ICE) agency Pat Reilly said, "The only way foreign nationals can attend college in the United States legally is through the agency's International Student Exchange and Visitors Program. Illegal immigrants in the U.S. cannot qualify for that program, Reilly said."

 

Spokeswoman Riley  went on to say: "ICE is more worried about enforcing immigration law in the workplace, because it's the prospect of jobs that lures immigrants to the country illegally in the first place."  In other words it is like the drug problem.  The police can't go after the small fish; they have to concentrate on the big drug dealers.  But that doesn't mean that other institutions should not do everything possible to follow laws on drug use; and so should state departments be following & implementing the laws on illegal aliens whenever possible.

 

ICE spokeswoman Riley also said, "Plus, it's less likely that a separate crime occurs when an undocumented student signs up for classes than when an illegal immigrant applies for a job. At the workplace, either the employer is knowingly hiring illegal immigrants or the job applicants are using fraudulent documents to get work, both of which are crimes beyond immigration offenses, Reilly said.  (Taken from article, "North Carolina Pushes Ban on Illegal Immigrant Students" May 21, 2008

 

I agree with Reilly that the college attendance is not the major issue in the battle; but it is major when laws are deliberately disobeyed and when there is ambiguity as to whether departments are obeying laws or not.  And it is an important issue when the college educated undocumented students are tempted to steal an identity in order to "provide themselves and their families a better life" -  at the expense of a citizen in Arkansas.

 

I wholeheartedly agree with and appreciate Governor Beebe's statement: "The law is the law.  If you don't like the law, you try to change it in the way this country was set up and designed to change the law."  (Quote from AP story by DeMillo)    So when is Governor Beebe going to enforce the sections of the law that forbid postsecondary education for students since there is no Arkansas law that allows it?

 

Also note the injustice in the situation described in the following quote of the same newspaper article in the Democrat Gazette referred to above.  The exchange students that came here legally are the only ones scrutinized; the undocumented students who are here illegally are home free.  "The Department of Homeland Security does not require any school to determine a student's status.... DHS also does not require any school to request immigration status information prior to enrolling students or to report to the government if they know a student is out of status, the Homeland Security department stated, adding that the exception applies if the students came into the country on visas [legally] for exchange purposes."

 

This is the kind of problems our leaders and society encounter when they start picking and choosing which laws to obey - situations where a Director of a state Department emphatically states he will obey one law (deny in-state tuition)  and disobey  the other one (illegal aliens attending college).   This reminds me of the situation where mass numbers of illegal aliens can protest in our street; yet one lady has three police cars dispatched on her  when she is standing on a sidewalk by a post office collecting signatures. 

 

There is no equality or justice when one person can disobey the law without intervention, and another one pays the consequences. If foreigners here illegally can violate our national No Trespassing laws (our border laws) without consequences,  then no citizen in the US  should ever be arrested for violating any No Trespassing laws in the land.   Enforcement of law for one person and non-enforcement for another is the worst type of discrimination.  That is why everything in our Constitution, as well as numerous courts decisions,  is set up to provide equality and prevent discrimination. 

 

Debbie Pelley

dpelley@suddenlink.net

 

8-USC-Section 1621. Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits 

(a) In general

Notwithstanding any other provision of law and except as provided in subsections (b) and (d) of this section, an alien�..is not eligible for any State or local public benefit (as defined in subsection (c) of this section).

 

(c) "State or local public benefit" defined: [Law lists several but the following is one section of them.]

(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.  See this link for the full law.  http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001621----000-.html

8-USC-Section 1621 (d) "A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) of this section only through the enactment of a State law after August 22, 1996, which affirmatively provides for such eligibility."  [State & Local benefit is described in section B above which includes postsecondary education - but Arkansas has not passed such a law.]

 

Se this link for the law quoted above:  http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001621----000-.html

 

Plyler vs. Doe - In 1982, this Supreme Court ruling determined that a K-12 education is a fundamental and protected right and will be provided to all children in the United States, regardless of citizenship or residency status

 

Read this story online at this link: http://www.wpaag.org/Immigration%20-%20Beebe%20obeys%201%20law%20-%20disobeys%20another.htm

 

Sec. 1324. Bringing in and harboring certain aliens -  I am just quoting certain parts of this law l because of its length,  but the entire law is very interesting in light of the fact of how often it is being disobeyed. See this link for entire section.  http://www.law.cornell.edu/uscode/text/8/1324

 

(a) Criminal penalties

(1)

(A) Any person who—

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;

(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or

(v)

(I) engages in any conspiracy to commit any of the preceding acts, or

(II) aids or abets the commission of any of the preceding acts,

shall be punished as provided in subparagraph (B).

 

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—

(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;

(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

(ii

 

(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs—

(A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or

 

(3)

(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.

(B) An alien described in this subparagraph is an alien who—

(i) is an unauthorized alien (as defined in section 1324a (h)(3) of this title), and

(ii) has been brought into the United States in violation of this subsection.

(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—

(A) the offense was part of an ongoing commercial organization or enterprise;

(B) aliens were transported in groups of 10 or more; and

(C)

(i) aliens were transported in a manner that endangered their lives; or

(ii) the aliens presented a life-threatening health risk to people in the United States.

 

(b) Seizure and forfeiture

 

(1) In general

Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.

By Debbie Pelley

April 5, 2012

 

Also see this link:  http://www.wpaag.org/Illegals%20-AR%20%20AG%20Rebuttal%20on%20illegals%20&%20college.htm

REBUTTAL TO DUSTIN MCDANIEL ATTORNEY GENERAL OPINION

SAYING ILLEGAL ALIENS MAY ENROLL IN ARKANSAS COLLEGES