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17 February 2018

Dreamers – A Progressive Trap

By Sam Frescoe
http://samfrescoeproject.blogspot.com/
#SamFrescoe #civilrights #DACA #Dreamers #BernieSanders


It’s not a secret that I am horizontally opposed to maintaining illegal aliens located within the United States. In my view, to ignore, condone, excuse, deny, or encourage their unlawful behavior is illegal, unethical, and immoral. Let the natural consequence of their choices serve as a deterrent against future misconduct.

On the other hand,…
-       I am in favor of legal aliens.
-       I am in favor of legal immigrants.
-       I am in favor of law abiding persons.
-       I am in favor of legislative changes (Constitution, Art-1, Sec-8, Para-4).
-       I am in favor of due process.
-       I am in favor of equity under the law.
-       I am in favor of guilt by standard and punishment by proportion.

And so, when I see and hear a United States Senator take the floor and offer demands and remarks to the contrary, I am drawn in for a look and listen.

Bottom Line Up Front

There is no reason to believe that you are required to subordinate your mind to the needs, wants, and desires of those in government. It’s up to each of us to look past the spectacle and see for ourselves what is known over what is felt, what can be proven over what is supposed.


The Honorable Senator from Vermont has the Floor [1]

SANDERS: Let me begin by congratulating Chloe Kim, a first generation American who won a gold medal for the United States in the women's half-pipe snowboarding event this week.
SAM: This is an indication of an emotional appeal. From this point forward I’m expecting Sanders to use language that either expresses demonization (fear, guilt, anger, disgust, and empathy) or righteousness (pride, relief, and hope).  While some “facts” are likely to be true, and relative to the subject, minor; the majority of “facts” relevant to his case are likely to be false or misleading.
SANDERS: Her father John Jin Kim emigrated from South Korea to the United States in 1982; became a dishwasher at a fast food restaurant; studied engineering at El Camino College; after working at low skill jobs, and then became an engineer. He left his engineering job to support his daughter’s snowboarding ambitions so that he could drive her five and a half hours to the mountains for training. Congratulations to Chloe and to her entire family. You make the United States proud.
SAM: And…here it is; the emotional appeal of full display. Its purpose is to set the rhetorical stage in a way that suggests the following: greatness achieved by first generation Americans is caused by allowing immigrant parents into the United States.

SANDERS: Madam President, the whole debate that we are now on undertaking about immigration and the Dreamers…
SAM: Okay. Sanders is indicating political intent: to act on behalf of Dreamers. At this point, given his professional career and prior Presidential campaign, ideology becomes critically important. – Senator Sanders is a self-identified progressive and socialist. In my view, this means that he has two default positions: 1) every opposing view represents an evil straight out of the Right; and 2) government action is the only solution for curing the faults of human-kind. He is not interested in understanding the virtues of differing views (all discrimination is wrong); he is interested in pushing his position as a moral giver (only his discernment is righteous). He is not interested in enabling the People through self-governance; his is interested in fixing the People through state-governance.
SANDERS: …has become somewhat personal for me because it has reminded me, in a very strong way, that I and my brother are first generation Americans. We are the sons of an immigrant who came to this country at the age of 17 without a nickel in his pocket. A young man who was a High School dropout, who did not know one word of English, and had no particular trade.
SAM: It’s back to the emotional appeal. In my view, Sanders is attempting to paint himself as a champion of hope by offering his family history as collateral for street-credit.
SANDERS: And a few years ago my brother and I and our families went to the small town that he came from; and it just stunned me the kind of courage that he showed, and millions of other people showed, leaving their homeland to come to a very different world. Without money, in many cases. Without knowledge of the language.
SAM: The emotional appeal continues. This installment is intended to couch Dreamers on par with the plights of the past, and those courageous enough to do something about it. – For the sake of moving forward, I’ll assume his claims are true. With that said, his facts are relatively minor and irrelevant when compared to the breadth and depth of protecting illegal aliens residing within the United States today.
SANDERS: No, my father immigrated to this country because the town that he lived in Poland was incredibly poor. There was no economic opportunity for him. People there struggled to provide food, put food on the table for their families. Hunger was a real issue in that area. My father came to this country to avoid the violence and bloodshed of WWI which came to his part of the world in a ferocious manner; and he came to this country to escape the religious bigotry that existed then because he was Jewish. My father lived in this country until his death in 1962. He never made a lot of money. He was a paint salesman.
SAM: And, more emotional appeal. In my view, Sanders is attempting to identify Dreamers as an oppressed people-group that must be saved by the United States. Therefore, Sanders is invoking identify politics: a set of political positions (legalization) based on the interests and perspectives of a particular people group (Dreamers seeking to avoid harm).
SANDERS: My father was not a political person. But it turned out, that without talking much about it, he was the proudest American that you ever saw. And he was so proud of this country because he was deeply grateful that the United States had welcomed him in, and allowed him opportunities that would have been absolutely unthinkable from where he came.
SAM: I believe this claim is important. If true, then it’s likely that his father fully assimilated into the American culture and embraced its way of life as a law abiding citizen. Whereas, Dreamers are illegal aliens.
SANDERS: But the truth is that immigration is not just my story. It's not just the story of one young man coming from Poland who managed to see two kids go to college and one of his sons become a United States Senator. It's not just my family's story. It is of the story of my wife's family who came from Ireland. And it’s the story of tens of millions of American families who came from every single part of this world.
SAM: Agreed, but when weighed relative to legalizing illegal aliens, this observation is a red herring and irrelevant. Additionally, Sanders never acknowledges a glaring fact: immigration, because it’s a function of law, can be done legally and illegally. Therefore, it’s likely that both variations exist. – Pulling it together…Sanders desires to advocate for Dreamers as their champion of hope. Sanders wants others to agree: that Dreamers are on par with the oppressed immigrants of the past; that America and Americans should provide for their relief; and that failing to do so will cause the suppression of greatness contained within the next, first-generation of Americans.

I must acknowledge that Sanders is master of the emotional appeal. As emotional appeals go, this one is quite good (if not excellent).

Issue-1: Protecting Dreamers

SANDERS: Madame President, in September of 2017, President Trump precipitated the current crisis we are dealing with by revoking President Obama's DACA executive order.
SAM: Now, the coin has flipped from declarations of righteousness to prescriptions of demonization. Sanders begins with the demonization of President Trump. Simply stated, he wants others to agree to be angry at Trump for oppressing Dreamers.– This statement is a deception cloaked in a half truth. While it’s true that Trump did rescind the Obama executive order (an action well within his lawful powers), it’s equally true that: the Legislature (which Sanders was a seated member of during the Obama years) failed to execute their duties under Art-1, Sec-8, Para-4 of the Constitution; and during the Obama years, the Legislature effectively abdicated their legislative duties in favor of an administrative arrangement set forth by the Executive. Everyone in favor of the prior arrangement contributed to setting the conditions necessary for this issue to rise.
SANDERS: If President Trump believed that that Executive Order was unconstitutional, and that it needed legislation, he could have come to Congress for a legislative solution without holding 800,000 young people hostage by revoking their DACA status. But President Trump chose not to do that.
SAM: This is an outright lie. The DACA spectacle of February 2018 demonstrates a different reality:
1)      Trump did extend an invitation to Congress for legislation. The House agreed of offer a compromise. The Senate disagreed and refused to offer a compromise. As a result, the Legislature failed to make an offer to the Executive. Everything else is smoke and mirrors, blame and quibbling.
2)      It is a fact that the Senate was willing to hold 2.7M government workers and 800,100 Reservists (3.3M Americans) hostage in an attempt to force the acceptance of 800,000 illegal aliens.
SANDERS: He chose to provoke the crisis that we are experiencing today.
SAM: Nonsense! By rescinding the Obama order, Trump brought the matter to the attention of the Legislature; which is exactly where it belongs.
SANDERS: And that is a crisis we have to deal with; and here in the Senate, we have to deal with it now.  And let us be very clear about the nature of this crisis.
SAM: Yes, absolutely. Let’s be clear. – When Sanders claims there is a “crisis” he does not mean that there is a disaster, catastrophe, or calamity. Sanders uses “crisis” as a mechanism to demand something be done because Sanders demanded something be done. By invoking “crisis” in this manner, Sanders is attempting to substitute emotion and fallacy for evidence and logic. In effect, he is attempting to preempt consideration of larger questions such as: whether the United States is better served by immigrants who obey our laws or by those that willfully disregard the same.
SANDERS: Because some people say, “Well, it's really not emanate. It’s not something we have to worry about now.” Those people are wrong.
SAM: Sanders just demonized all peers that have an opposing position as being, simply stated, wrong. – This is a highly illogical action for a Dreamer champion. Sanders is setting conditions that can cause another series of filibuster-based legislative failures.
SANDERS: As a result of Trump’s decision, over 122 people every day are now losing their legal status. And within a couple of years, hundreds of thousands of these young people will have lost their legal protection and be subject to deportation. The situation we are in right now, as a result of Trump’s action, means that if we do not immediately protect the legal status of some 800,000 Dreamers, young people who are brought to this country at the age of 1 or 3 or 6, young people who have known no other home but the United States of America; let us be clear that if we do not act and act soon these hundreds of thousands of young people could be subject to deportation.
SAM: Now…it’s demonization through fear. – First, his math is suspect. Assuming the rate of 122 persons/day is true, then so is the rate of 44,530 persons/year. Therefore, assuming rates remain relatively constant over time; those at risk are 89,060 persons per two years. Obviously, this estimate is well below the “hundreds of thousands” claimed. Additionally, for the claim to be true, then the daily rate must immediately exceed 274 persons/day and remain steady for two years. Second, his facts are likely to be biased in favor of Sanders’ progressive view. A simple Google search suggests that the 122 persons/day rate was published in November 2017 by the Center for American Progress.[2] Because the Center for American Progress exists to “…change the country…” through the advocacy of progressive ideas,[3] it’s in their interest to bias their self-sponsored polling to those ends. Third, because Dreamers and DACA recipients are illegal aliens, it’s right and correct for them to be at risk of identification, capture, punishment, and deportation. Make no mistake, Dreamers are in violation of 8 USC 1325 and subject to punishment accordingly.
SANDERS: And that means they could be arrested outside of the home, where they have lived for virtually their entire life, and suddenly be placed in a jail.
SAM: Correct. Illegal aliens, because they are criminals, are at risk of identification, capture, punishment, and deportation.
SANDERS: They could be pulled out of a classroom where they are teaching. And there are some 20,000 DACA recipients who are now teaching in schools all over the country. And if we do not act and act now there could be agents going into the school pulling out teachers right out. And arresting them. And subjecting them to deportation.
SAM: First, and again, illegal aliens, because they are criminals, are at risk of identification, capture, punishment, and deportation. Second, in my view, illegal aliens have no business teaching American children. It is profoundly unwise and immoral to normalize and make righteous the acceptance of criminal behavior.
SANDERS: Insane as it may sound, I suppose that the 900 DACA recipients who now serve in the United States military today could find themselves in the position of being arrested and deported from the country that they are putting their lives on the line to defend.
SAM: More fear mongering. – Even Sanders doesn’t believe it. 
SANDERS: And some people say that’s farfetched. Well, I'm not so sure. It could happen. How insane is that? But that's where we are today.
SAM: This has now reached the heights of stupidity. – On 8 Feb 2018, Defense Secretary Mattis stated on NPR, “They will not be subject to any kind of deportation.” “In terms of the DACA situation ... it's clarified they are not in any kind of jeopardy.”[4]
SANDERS: And that's what could happen if we do not do the right thing. And this week pass legislation, here in the Senate, to protect the Dreamers.
SAM: Nonsense! The right thing for any Senator to do is to honor their Office by supporting and defending the Constitution of the United States within the consent of their State’s legislature. Given the immigration context, this means to fully execute their Art-1, Sec-8, Para-4 duty to establish a system of naturalization (a difficult and mindful thing) versus demonizing opposing positions (a lazy and mindless thing).
SANDERS: Madam President, we have a moral responsibility to stand up for the Dreamers and their families.
SAM: More nonsense! There is no moral imperative to protect criminals from the natural consequences of their actions. By contrast, the American government has a moral imperative to protect the institutions of the State in a manner agreeable to the consent of the People and the several States. Senators have a moral duty to represent the political will of their State legislatures according to their consent.
SANDERS: And to prevent what will be an indelible moral stain on our country if we fail to act. I do not want to see what the history books will be saying about this Congress if we allow 800,000 young people to be subjected to deportation, to live in incredible fear and anxiety.
SAM: And…he returns to the heights of stupidity. – Senator, did you miss the DACA spectacle this last February? Was your head attached to your body when you cast votes?
SANDERS: But there is the very very good news regarding the Dreamers. And it’s actually news that I a couple of years ago I would not have believed to be possible. And that is, Madame President, the overwhelming majority of the American people, Democrats, Republicans, Independents absolutely agree that we must provide legal protection for the Dreamers and that we should provide them with a path toward citizenship.
SAM: Stop! Sanders wants us to agree that his claim of support by “the American people, Democrats, Republicans, Independents” is absolute (meaning…total, unconditional, conclusive, and fixed).
SANDERS: That is not Bernie Sanders talking. That is what the American people are saying in poll after poll after poll.
SAM: Alright! Now I’m excited. I’m ready to hear about nationwide polls that recorded the preferences of every single American (they are total); and hear that those polls demonstrate 100% alignment (they are unconditional); and hear that the 100% result is free from bias (they are conclusive); and hear that those positions measured have not changed over time and circumstance (they are fixed). I am pumped!
SANDERS: Just recently of January 20th CBS News poll found that nearly 9 out of 10 Americans, 87% favor allowing young immigrants who entered the United States illegally as children to remain in the United States. 87%.
SAM: What?! Sanders just claimed that support was absolute (total, unconditional, conclusive, and fixed), but then cited information to the contrary. – The CBS News Polls website clearly shows that such a poll was not taken or reported on 20 Jan 2018. [5] However, there is a CBS News article posted on 14 Jan 2018 claiming “More than eight in 10 Americans, re-contacted for this survey after Mr. Trump's comments about U.S. immigration from African countries and Haiti, said they had heard about them, and three-quarters (76 percent) say the remarks were inappropriate.”[6] Unfortunately, the poll does not clarify the polled population, or how they controlled for biases on any sort (such as business realities that demand CBS generate revenues).
SANDERS: In Iowa, in Vermont, and in every State in this country. Strong support for legal status for the Dreamers and a path toward citizenship.
SAM: Stop! Sanders did it again. – An NPR poll, reported on 6 Feb 2018, claimed that one third of Americans are not in favor of offering a legal status to Dreamers.[7] Additionally, like CBS, NPR is subject to its internal biases and business realities.
-          Example-1: NPR’s strategic aspiration is to “…strengthening the cultural, civic and social fabric of our democracy.” The claim that the American arrangement of governance is a democracy represents a profound and fundamental failing on behalf of NPR to be truthful. The arrangement of American governance is a constitutional republic (rule of law) not a democracy (mob rule).
-          Example-2: One of NPR’s strategic priorities is to increase revenues from sponsorships and grants. This means that NPR has an interest in biasing their product towards the desires of those investors willing to part with their money.
SANDERS: On January 11th, at Quinnipiac poll found that 86% of Americans voters, including 76% of Republicans, say that they want the Dreamers to remain in this country.
SAM: Stop! I thought Sanders claimed… – The Quinnipiac poll claimed that “79 percent of American voters” support undocumented immigrants brought to the U.S. as children should be granted legal status.[8] Unfortunately, the poll does not clarify the polled population, or how they controlled for biases on any sort.
SANDERS: On February 5th, in a Mammoth Poll, when asked about Dreamers status nearly three out of four Americans support allowing these young people to automatically become US citizens as long as they don't have a criminal record.
SAM: Stop! Again… – This poll reported that, “When asked about Dreamers’ status, nearly 3-in-4 Americans support – 49% strongly and 24% somewhat – allowing these immigrants to automatically become U.S. citizens as long as they don’t have a criminal record.”[9] Unlike the other polls cited, this Monmouth sponsored poll was accomplished on 28-30 Jan 2018 with a national random sample of 806 adults age 18 and older, in English. Unfortunately, the poll does not clarify how they controlled for biases on any sort. – Side Note: This poll is asking us to agree that a sampling of 806 persons (less than 0.0003% of the population) represents the consensus of Americans at large. Really?
SANDERS: In other words, Madam President the votes that are going to be cast hopefully today, maybe tomorrow, are not profiles in courage. They are not members of the Senate coming up and saying “against all the odds.” I believe that I'm going to go for what is right.
SAM: Stop! Sanders is claiming to know the motivations of all Senators yet to vote. While he is in a position to suspect the intentions of other Senators, he cannot know their intentions prior to the fact.
SANDERS: This is what the overwhelming majority of the American people want.
SAM: Given Sanders’ political motivations, deceptive use of questionable poll data, I find this claim to be unreasonable and likely to be false.
SANDERS: And maybe, just maybe, it might be appropriate to do what the American people want.
SAM: Maybe, just maybe, it might be appropriate for Senators to support and defend the Constitution of the United States while representing the political will of the State’s legislatures. This is also known as “Doing Your Job.”
SANDERS: Rather than what a handful of xenophobic extremists want.
SAM: There it is folks…the race card! – Make no mistake about it. Sanders just labeled anyone with an opposing position a xenophobic (chauvinistic, intolerant, racist) extremist (radical, fanatic, terrorist). – Clearly, this is a character attack meant to smear the intelligence, character, and goodwill of anyone that does not walk and talk in lock-step with himself. Ironically, by using this approach, Sanders also smeared his intelligence, character, and goodwill towards anyone else.
SANDERS: Maybe we should listen to the American people?
SAM: Maybe…you should do your duty on behalf of the law abiding Americans you represent.
SANDERS: Democrats, Republicans, and Independents who understand that it would be a morally atrociously thing to allow these young people to be deported.
SAM: There it is folks…the bigot card! – Sanders just characterized failure to address the DACA crisis as a moral atrocity (the culmination of willful acts of violence and oppression against Dreamers).
SANDERS: And I think, from a political perspective, about 80, 85, 90% of the American people supporting anything in a nation which is as divided as we are today.
SAM: Well, what is it? – It’s 80%! No, wait, it’s 85%! Or...um…90%! That sounds way better than quoting already cited information. – Does this mean that Sanders wants us to agree to disregard all poll data or just his cited poll data?
SANDERS: This is really extraordinary!
SAM: Not really. Given his history of exaggeration, it’s perfectly reasonable that he would continue to exaggerate.
SANDERS: You can't get 80% of the American people to agree on what their favorite ice-cream is.
SAM: Really! Are we really supposed to agree that the discharge of Senatorial duties under the Constitution is on par with any particular citizen’s choice of their favorite ice cream? Really!
SANDERS: But we got 80% of the American people were saying do not turn your back on these young people who have lived in this country for virtually their entire lives.
SAM: Okay…so…we’re back to 80%...I guess?
SANDERS: Madam President, we have got to act and act soon here in the Senate.
SAM: Oh, yes…back to the crisis angle.
SANDERS: And there is good legislation that will allow us to do that.
SAM: Good? What makes legislation good? – Before deciding “goodness” let’s ask some questions.
-          Why is the answer to a failed progressive policy (the DACA order) another progressive policy (a DACA-like law)? Why is it right to reward someone (forgiveness and provision of citizenship) for doing something wrong (operating as a criminal for years)? Why is the unlawful behavior of illegal aliens more politically valuable than the lawful behavior of legal aliens? If the wrongdoing represented by illegal aliens in the US must be rectified, then why is detection, arrest, and deportation not a viable solution?
-          Why should Americans agree that the natural consequence of illegal behavior is wrong in the case of particular illegal aliens? Why should Americans fear maintaining illegal aliens in an illegal/criminal status? Why should the quintessential American standard, “No One is Above the Law,” be cast aside for the exclusive benefit of illegal aliens?
SANDERS: And in the House the good news is that there is now bipartisan legislation sponsored by Congressman Hurd and Congressman Aguilar which will provide protection for Dreamers and a path towards citizenship. And my understanding is that that bipartisan legislation now has majority support.
SAM: On 16 Jan 2018, the Rep. Hurd website reports that Representatives Will Hurd (TX-23), Pete Aguilar (CA-31) and Jeff Denham (CA-10) introduced the Uniting and Securing America (USA) Act (HR 4796). [10] As of 22 Jan 2018, cosponsors include (26 R’s, 27 D’s). The bill was introduced on 16 Jan 18 and sent to committees thereafter.[11] – There is no recorded information (such as votes, procedural or otherwise, to support the claim of “majority support.”
SANDERS: And I urge, in the strongest terms possible, that Speaker Ryan allow democracy to prevail in the House.
SAM: Sanders got this one right. Ironically, our constitutional republic does prescribe democratic processes for its legislative institutions.
SANDERS: Allow the vote to take place. If you have a majority of members of the House, in a bipartisan way, who support legislation, allow that legislation to come to the floor, let the members vote their will. And if that occurs, I think the Dreamers legislation will prevail.
SAM: Again, a bill sponsored by 53 out of 235 seats (22%) does not equate to a majority. Additionally, the bill has not come out of committee, debate, or amendment processes; therefore, it’s entirely possible that the bill may become unrecognizable to its sponsors.

Issue-2: Comprehensive Immigration Reform

SANDERS: Madam President, we all understand that there is a need for serious debate and legislation regarding comprehensive immigration reform.
SAM: Here it is…the progressive Holy Grail: comprehensive immigration reform.
SANDERS: This is a difficult issue. An issue were there are differences of opinion. A whole lot of aspects to it. How do we provide a path toward citizenship for the 11 million people in this country who are currently undocumented, but who are working hard, who are raising their kids, who are obeying the law?
SAM: Stop! Sanders just framed the significance of this issue: the legalization of 11 million new, dependent, and loyal progressives. – Don’t be fooled. These 11M persons (illegal aliens known as unauthorized workers) prefer to reside in California, Texas, Florida, New York, New Jersey and Illinois; Louisiana, Massachusetts, Pennsylvania, Virginia and Washington.[12]  All of these states are blue or transitioning from red to blue; and, when taken together, control 249 (92%) of the 270 Electoral College votes needed to secure the Presidency. In political terms, the progressive base of these states will expand and be augmented while opposing positions will be further dominated and controlled.
SANDERS: What should the overall immigration policy of our country be? How many people should be allowed to enter this country every year? Where should they come from? All of this is very very important and needs to be seriously debated.
SAM: Agreed! No argument here. – Did you notice that Sanders is now playing nice?
SANDERS: But, Madame President, that debate and that legislation is not going to be taking place in a two day period. It's going to need some serious time, some hearings, some committee work, before the Congress is prepared to vote on comprehensive immigration reform. And it will not and cannot happen today or tomorrow or this week.
SAM: Agreed! No argument here.
SANDERS: Our focus now, as a result of Trump’s decision in September, must be on protecting the Dreamers and there are families, and on the issue of border security.
SAM: Nonsense! It’s entirely reasonable that your demands don’t reflect top priorities.
SANDERS: Madam President, or Mister President,…
SAM: Well…which one is it?
SANDERS: …there will be important legislation coming to the floor of the Senate today or maybe tomorrow. And I would hope that we could do the right thing, do the moral thing, and do something that history will look back on in a very positive legislation. Let us go forward. Let us past the Dreamers Bill.
SAM: Stop! There is no “Dreamers Bill” being offered within the Senate. However, Sanders may be referring to the Dream Act of 2017 (S 1615) that was commonly referred to as the Dreamers Bill by USA Today. – Given all of his references to mass media publications, I have to ask: who is doing his thinking for him?

Issue-3: Border Security

SANDERS: Let us deal with border security.
SAM: Stop! What?
SANDERS: And then, in the near future, let us deal with comprehensive immigration reform. Thank you and I yield the floor.


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[1] Senator Bernie Sanders. YouTube. “The Moral Issue of Our Time”. 14 Feb 2018. Speech on the Senate Floor. TRANSCRIPT

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