FAIR Testifies At Illegal Alien Gang Hearing

On June 28, FAIR staff counsel Michael Hethmon presented testimony before the Judiciary Subcommittee on Immigration, Border Security, and Claims. The hearing examined legislation introduced by Rep. Randy Forbes (R-VA), H.R. 2933, the Alien Gang Removal Act of 2005. Other witnesses included Rep. Forbes, Kris Kobach, Professor of Law, University of Missouri Kansas City; and David Cole, Professor, Georgetown University of Law. The legislation would bar foreign nationals from entering the United States who are members or associated with criminal alien street gangs as determined by the Attorney General. Similarly, for illegal aliens and noncitizens, the bill would make membership in or association with such a gang a deportable offense.

Even before the witnesses were heard, the hearing opened with Rep. John Conyers (D-MI) expressing his concern that the legislation was “replete with constitutional violations.” Rep. Darrell Issa (R-CA) responded to Conyers by expressing his concern that the United States is the only country in the world that allows “guests” to terrorize the citizens of their adopted country without consequence.

FAIR’s Mike Hethmon forcefully cited the need for the legislation by pointing to decades of failure by congress to address three main factors that have led to the growth in criminal street gangs in the United States today. “The failure by Congress to require and support effective border control and interior enforcement is the first factor,” said Hethmon. FAIR’s Hethmon further asserted “the willingness of Congress, beginning in the 1970s, to use refugee policy as an expedient way to deal with the economic upheavals that followed our intervention in Third World insurgencies, notably in Central America, is the second cause. The third factor is the blowback from the failure of Congress to protect the American workplace from illegal employment.” Hethmon concluded by stating “Mr. Chairman, we view the tough legislative approach taken by Rep. Forbes to be necessary and compelling, because the previous approach, the combination of irresponsible humanitarianism and the corrupt tolerance of the economic exploitation of aliens, has failed massively.”

All the witnesses with the exception of Cole testified that the bill is constitutional and that it provides important new tools in expeditiously removing dangerous and increasingly violent gang members from the country. Cole, however, testified that the bill made individuals deportable based on “guilt by association” and attempted to discredit the bill by raising the specter of “McCarthyism” and “blacklisting” of individuals who are members of gangs deemed by the Department of Justice to be criminal street gangs. Cole’s testimony was almost surgically dismembered by Kobach who cited existing statute and extensive case law to refute Cole’s ad homonym arguments. Rep. Louie Gohmert (R-TX) asked Cole a single, simple question; “Do you think illegal aliens have a Constitutional right to remain in the United States?” Cole refused to give a clear answer.

-- Paul Egan, Director of Government Relations for FAIR and Mike Hethmon, FAIR Counsel