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September 18, 2009

Amnesty for Illegals But Not for Marine Widow?

Apparently, passing health care reform is so important that President Obama is willing to extend amnesty to 12 million illegal aliens to do it:

Senators have worked on language that would prevent illegal immigrants from buying insurance through a proposed insurance exchange envisioned in the health care reform package.

But the NCLR said that could lead to situations where some members of a family would be covered and others, including children of illegal immigrants, wouldn't be.

Mr. Obama said legalizing illegal immigrants is a way to take the sting out of the entire issue.

Let me see if I've gotten this straight. Providing not only amnesty but federal benefits to 12 million folks who broke U.S. immigration laws (Hmmm... has he included them in his cost estimates for health care reform?) is eminently do-able, but we're going to deport a Marine widow and her son on a technicality?

Hotaru Ferschke just wants to raise her 8-month-old son in his grandparents' Tennessee home, surrounded by photos and memories of the father he'll never meet: a Marine who died in combat a month after marrying her from thousands of miles away.

Sgt. Michael Ferschke was killed in Iraq in 2008, leaving his widow and infant son, both Japanese citizens, in immigration limbo: A 1950s legal standard meant to curb marriage fraud means U.S. authorities do not recognize the marriage, even though the military does.

This year was supposed to be the Year of the Military Family, Mr. President. Recently, you found time to have a beer with Henry Louis Gates and Sgt. Crowley.

Sgt. Michael Ferschke gave his life for this country. Do you think you could find a spare moment for his widow and son?

Posted by Cassandra at September 18, 2009 01:44 PM

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Of course Marine widows are valued less than illegals by the Liberals! Widows, after all, haven't promised to vote for liberal dimocrats in perpetuity in exchange for amnesty.For liberals, its all about the political power.

Posted by: a former european at September 18, 2009 02:35 PM

Cass, illegals are instant Democrats. The burden these illegals already impose on California is huge, about $250 million in LA alone for dropping brats who are now instant citizens. 90% of the murder warrants in LA are for illegal aliens. Illegals kill something like 9,000 per year, between vehicular and outright homicide.

Posted by: Mark at September 18, 2009 02:38 PM

Let me hear again how much Democrats respect the military. Yeah, right.

Posted by: RIslander at September 18, 2009 03:22 PM

Mark said all that needs to be said. More votes for the dhims and we even PAY for them. Nice.

Posted by: Mike at September 18, 2009 04:33 PM

The gov't / deporters are standing on the ruling that the mariage was not consumated, therefore not recognized. A bureaucratic rule that if the object was a radical or a not-asian minority, would be ignored. After deployment by mail is not recognized.

Posted by: talgus at September 18, 2009 04:45 PM

A bureaucratic rule that if the object was a radical or a not-asian minority, would be ignored.

Bingo. There is always some discretion in these matters if you go high enough up the chain of authority. Seems to me the President of the US is about as high as one can go. And also, this is exactly the kind of thing the military's Commander in Chief should be taking care of.

Posted by: Cassandra at September 18, 2009 05:04 PM


Thankfully, the President does not make the laws, the Congress does (not a good thing sometimes LOL).

So, the President cannot issue an executive order granting her an immigrant visa.

Since the statute does not have an exception or says anything about the Atty General discretion, the administrative decision is unavailable.

The courts won't touch this because the statute does not provide for any exceptions or the AG discretion.

There are 2 ways to ameliorate the issue:

1. have the Congress pass an amendment to the statute and make it retroactive (Congress critters do not like 'retroactive')

2. pass a private bill granting that widow an immigrant visa that results in giving her a legal permanent resident (LPR) status - commonly known as a green card.

Rep Duncun sponsored the bill, he now need a co-sponsor in the Senate. So we need to contact our senators and urge them to sponsor this private bill to have it pass now despite the WH preference for the health care bill.

Posted by: olga at September 18, 2009 05:29 PM

...he now need a co-sponsor in the Senate.

All I gotta say is that if my senators (TN: Corker and Alexander) don't make this happen...

And while it's true that the Pres doesn't make law enforcement *is*. And like all LEOs, they have a certain discretion as to which activities to pursue and which to ignore. For instance, I happen to know someone (his initials just might be YAG, but then again they might not be :-) ) who is in violation of our city's ordinance against having more than 3 pets (5). Cops have been to their house twice. Once for having a vehicle broken into and once for possible B&E (a closed exterior door was found wide open upon returning home). Both times the cops would have been hard pressed to *not* notice the pets, but didn't so much as blink at the violation.

Posted by: Yu-Ain Gonnano at September 18, 2009 05:54 PM

And while it's true that the Pres doesn't make law enforcement *is*.

Ick. Let's try this again:
And while it's true that the Pres' job isn't to make law, enforcing it *is*.

Posted by: Yu-Ain Gonnano at September 18, 2009 05:57 PM

I think, although law slinging types are free to point it out if I'm wrong. that as Chief Executive the President can wave enforcement of this law (i.e., just not deport her).

Same idea as pardons, really. IOW, what Yu-Ain said.

Posted by: Cassandra at September 18, 2009 06:29 PM

I'm sure that The Won could issue a decree of waiver via an Executive Order... It's not like EO's are rare or precious fer goodness sakes.

Posted by: bthun at September 18, 2009 06:46 PM

Jimminy Carter.

Posted by: spd rdr at September 18, 2009 07:13 PM

One widow = one vote. Illegals = muchos votos! (and yes, that really is how you say it)

Maybe though, if it gets some traction in the military webs, the mil folks will have more evidence that we are nothing to teh won.

I have been reading AKO (Army Knowledge Online) web posts and the seat warmer certainly has his fan club. Unfortunately for them, well trained little liberals that they are, they too will be impacted. Maybe even harder than Jose Civiliano.

It has been pointed out repeatedly that his secrecy would keep him out of most enlisted jobs and all officer positions (due to security clearance requirements) because of his inexplicable and undocumented past. Sad that the HMFWIC is not qualified to hold a Secret clearance and he has the power to see any document at any clearance level. Maybe, just maybe, some smart senior level folks are looking out for the country, and he is restricted. It always has been "need to know" that took precednce. I hope he has no need to know, because so far everything he has touched has wound up like the monkey trying to have carnal knowledge with a football, and the football is winning.


Posted by: Kbob in Katy at September 18, 2009 09:23 PM

Maybe she could stay under whatever special rule Xerxes' auntie is being allowed to stay.

Posted by: DL Sly at September 19, 2009 11:28 AM

that would be all wee wee'd up to give a mere peon of a Marines' wife the same consideration as teh wons' Auntie Z.

Good Go...I mean Allahu Akbhar, grasp it DL. Decent people have no chance with a thug in charge and flocks of junior mobsters at his beckon call. Good thing I am well stocked for any eventuality.

Posted by: Kbob in Katy at September 19, 2009 07:17 PM

Getting flak for agreeing that this issue is a travesty is why I don't go to the Black Five site anymore...and say that "Laughing Wolf" is a jackass and a punk.

Posted by: camojack at September 20, 2009 12:45 AM

"...grasp it DL.


*quickly pushing away keyboard*

Posted by: DL Sly at September 20, 2009 12:01 PM

good DL, good....you may be retrained in teh wons upgraded amerika 2.0


Posted by: Kbob in Katy at September 20, 2009 07:09 PM

Given that we keep being told that every other country has nationalized health care, Pres. Obama is lying to us. Illegal aliens DO have medical insurance. In their home countries. So, have them send their bills there.

Posted by: RonF at September 21, 2009 11:52 AM

While the ICE has "discretion" not to initiate a deportation proceeding, this is not going to resolve the ultimate issue - having an immigrant visa granted.

Her current B-2 visa is expirining soon and as a law abiding citizen, she would have to leave the US if the visa is not extended. If she does not, she becomes an illegal. This is the major concern.

First, somebody needs to file a very good paperwork for her current B-2 visa extension to keep her here legally.

Second, the private bill must be passed asap - both for her AND her son - a kid was born outside the US and the USC father did not register the birth abroad - he died for his country. That's why it is very important to get a Senate sponsor and push the bill through despite the Obamacare.

Third, the Congress should pass the amendement to the statute making exception for the situations like this.

Finally, I believe that NOBODY will initiate a deportation proceeding against this woman but once she overstays her current visa, she becomes illegal and that will make getting her and her child a green card that much difficult...

what B5 and LW have to do with this??

Posted by: olga at September 21, 2009 12:48 PM

There needs to be some @$$ kicking on this one. It doesn't just effect MilPers.

Emiko Shidara, with her 4 month old-born-in-the-corn-0f-Indiana daughter, got kicked out of country when her husband was killed by some FL bubba who thought he drive 75mph in a sleet storm.

This is stupid. Wasn't fair to Emiko and it isn't fair to Mrs. Ferschke. I understand not wanting to legitimize the 'anchor baby' crap, but this isn't the way. This is double punishing someone, and in a stupid manner. The nation will be paying her survivor's benefits anyway, why not let her stay?


Posted by: ry at September 21, 2009 11:19 PM

what B5 and LW have to do with this??
Posted by: olga at September 21, 2009 12:48 PM

Read it again:

"Getting flak for agreeing that this issue is a travesty is why I don't go to the Black Five site anymore...and say that "Laughing Wolf" is a jackass and a punk."

If you want a more detailed response, click on my name; there's an email @ddress for me listed there...

Posted by: camojack at September 22, 2009 01:16 AM