Ken Ditkowsi on illegal immigration

The Chan case is of particular interest today.   Many well meaning people are upset by the media blitz concerning the separation of children from their mothers.   The hue and cry was virtually zero up until the media found that the Trump Administration *****.    

I am not arguing for any policy, except equal protection under the law.   Equal protection of the law is a hallmark of America that the Political Elite from time to time ignore to foster political expediency.  

The DEMAGOGUES have staked a position fueled by half truths and deception.    People who resort to this type of tactic are a clear and present danger to democracy and follow the tenets of our enemies.

The Obama administration placed children in cages not because they were monsters or precursors of the Trump Administration - they were following the law.    The law as written is indeed harsh, and was engaged by congress.   Congress when it enacted the law thought it was acting in good faith and indeed most of the good people who address this charged political situation agreed.   Only the hypocrites and demagogues  have closed minds.

The law separating children from the parents accused by our society of committing crimes has its origins in parents patrie.   It is cruel and unusual punishment to submit a child to prison because the parent has been charged with a crime.   The harsh conditions of prison were deemed not appropriate for children, ergo children are relegated to the care of close relatives or government protected facilities.    The law is generic and makes no exception for people illegally trying to enter the United States.

The ploy of seeking amnesty/Asylum is in most situations exactly that.  Under Law Asylum is not an option, unless it is Mexico (i.e. the country of origin)  that is threatening the life of the applicant.  Indeed, you and I have had experience with Amnesty/asylum .

Chan, was an engineer by trade living in China.    The Red Guard went on a government sponsored rampage and killed all of his family except his grandmother and he.    He was shipped to a camp for retraining.   When he returned he returned to his job as an Engineer; however, it was not long and the Red Guard became active again.   This time they killed grandmother and Chan barely escaped with his life to Hong Kong.

For a finite period of time Chan resided in Hong Kong; however, with the Red Guard sentence of death it was not long before his life once again was in clear and imminent danger.    The family arranged for Chan to obtain employment on a Ship (as a seaman) and to travel to the United States.    When the Ship arrived in the US, Chan slipped over the side and began his new life.   He sought employment in his engineering trade.

As the US takes a dim view ASIAN illegal entry, INS 7 years later seized Chan, he was arrested and charged with the crime of making an illegal entry into the United States.   Chan was ordered deported but before this could occur the family arranged for him to come to Chicago.   In Chicago the family made the rounds of the immigration bar in anticipation that Chan would be rounded up again.   The Bar told the family that Chan was "dead meat" and would be going back to his DEATH in China via Hong Kong.    

When Chan was arrested he was immediately prepared to be expelled from the US.    I was retained and I filed a petition in the Administrative Court provided by INS.    I asked for suspension of the deportation order based upon the fact that Chan's life was forfeit the second that he arrived in the orient.   

The ASA, and the Judge were amused by my petition.    The judge ridiculed me by asking me if I knew something that he did not know.   I informed him that indeed I did, but assured him that he also knew things I did not know.   The Judge then asked me if there was a foreign relations problem with Britain that he had not heard of informing me that the last conflict we had was in 1812.   Under the law to be entitled to HC or amnesty Chan would have to prove that the elements required were all in play NOW!   The amnesty/protection would then be afforded Chan as they related to the country that he was going to be deported to!    In other words - the fact that China would kill Chan on sight, he was not going to be deported to China - he was going to be deported to Hong Kong -  Hong Kong was administered to by England.   As we had no current problem with England and England was not a danger to Chan my plea was 180 degrees wrong.    My petition was to be denied.    CHAN WAS GUILTY OF A SERIOUS CRIME - i.e. entry into the United STates illegally - he could either be sentenced to jail or deported.  The government chose to deport him.  (I recall that Chan had married and had a young child - however, this issue was not raised or considered  - Chan would have been separated from his child under our law.   If Mrs. Chan was illegal both would have been separated  = the child is a CITIZEN and cannot be removed without the consent of his parents.   The family would be reunited when returned to the country of origin)

With hat in hand I asked for 24 hours to amend my petition.    I read the statute word by word and was confronted with the proposition that Chan having been in the United STates and acting as good person was eligible to a hardship consideration.   I presented a "hardship" petition.    It was granted and Chan was given a priority admission to the United States from Toronto - Canada.

As you are aware, I was delighted and spraining my arm patting myself on the back when I realized that to get in Canada Chan needed PAPERS.    I tried the Chinese-- they invited Chan and me to the consulate to talk   - I knew that Chan once in the consulate would be a prisoner, so I declined.   The US government refused to grant me any considerations and in fact I was told:  "If you don't know what you are doing, you should not do it"    I had on the surface no way to get into Canada.   The smart ass ASA suggested that I sneak Chan into Canada.

I did not sneak Chan into Canada.   As you recall I complied with Canadian Law and accomplished my goal.   (I called the Canadian immigration and arranged for an exclusion hearing for Chan - the hearing was scheduled for late in the afternoon so that it had to be adjourned until the next day.)    Mr. Chan was paroled into my custody and we went to the American consulate, picked up the papers required for the priority entry, returned to the Court, agreed to the exclusion and Chan was deported to the United States complete with the documents necessary to complete a priority LEGAL admission.

Chan has since become a citizen of the United States of America.

The pictures of caged children and the wild allegations of the demagogues are all political deceptions calculated to advance the political adventures of dishonorable members of the Political Elite and no friends of the proposed immigrants.    The hate mongering and intolerance is deplorable and the concern for the immigrants is an oxymoron.   If the demagogues had a scintilla of humanity in them, they would address the problem honestly and directly - however, they do not want to do so.   

As an example, the demagogues could propose a bill in congress to exempt the immigration scenario from the parens patrie separation of children from their families!    Watch - not one of these miscreants will join in proposing legislation or passing such legislation -- it is easier and more profitable to continue their policy of deception and fraud.    

Ken Ditkowsky  

Ken Ditkowsky

www.ditkowskylawoffice.com