From: Luis Felipe Molina [mailto:lfmolinat@sulanet.net]
    Date: Friday, May 12, 2006 11:15 AM
    To: vice_president@whitehouse.gov
    Subject: LAW AND ORDER AT THE SOUTH BORDER
                                                                                                                                              Page 1 of 5

    Dear Mr. Vice President,

    The following is the contents of an email I sent on May 7, 2006, to an anchor of a
    national TV news program. I am sending these same comments to your Office and, in a
    separate email, to the Office of the President, because these comments offer a plausible
    alternative in securing law and order at the south border.  

    These comments explain why it is not necessary to build a wall to control immigration in
    the future and, with basis on the President’s Proposal for a Temporary Work Program,
    suggest slight shifts in mechanisms which may enhance effectiveness while focusing
    intensively in (1) freedom, (2) economics, (3) a changing world and (4) the leadership
    role of the US into the world of the near future.

    The email begins:


    Please read these five comments –specially the third one:

    (1) Retroactivity of a Legal Benefit Vs Legal Amnesty

    You have emphasized that illegal aliens in the US are obviously in violation of Law. You
    would also point out that persons who came into the US illegally are not longer staying
    illegally if now enjoy the benefit of TPS or have been otherwise entitled by Law to live
    and work in the US. You have also emphasized that the US Government (i.e.: the
    Executive Branch) cannot approve what is illegal. But, you would also point out that the
    People of the United States, by means of its representatives in the Legislative Branch,
    obviously exercise the right to decide what is illegal –with approval by the President.   

    More than seldom, the National Congress has made legal what was illegal. For example,
    during the second decade of the 20th Century, distribution of alcoholic beverages was
    declared illegal and then, later in 1933, that decision was reverted. Another example is
    when it was decided that voting by women would not longer be illegal.

    The point is that something undesired or illegal can be legitimately declared legal and
    become acceptable, at any point in time, if that’s good for the People. In the present
    immigration situation, either retroactivity or amnesty can be lawfully issued. Neither
    declaration of legality needs to allow jumping ahead of people waiting in line for
    citizenship and, as explained in comment (3) below, either way of granting legal status
    would not promote more immigration than the volume which nevertheless would be
    allowed under a strictly controlled process.   
                                        
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