To Deport or Not to Deport: That is the Question

by R.W. Napper, a gentleman from Tennessee

One will find the American philosophy of government in the second paragraph of the Declaration of Independence. The document defines the purpose of government to protect the rights of the people. It also holds that government derives its just power from “the consent of the governed.” A democratic republic like the United States awards the “consent of the governed” by elections. During the presidential election season of 2024, the Republican Party candidate, Donald Trump, sought the “consent of the governed” to close and secure the border. He also sought the people’s consent to execute a program of mass deportation of immigrants who had entered the country illegally or had overstayed a visa. With a significant majority of electoral votes and a majority of popular votes totaling over 77 million, he received the “consent of the governed.” He obtained through the election of 2024 the permission of the people to secure the border and execute a program of mass deportation of immigrants who illegally entered the United States or remained in the U.S. after a visa expired. He stated that he would begin by emphasizing the arrest of criminal aliens.

In addition to having the “consent of the people” to engaged in the deportation of those immigrants who are illegally residing in the U.S., the President also has a duty to do so. Article II, Section 3 of the Constitution of the United States demands the following: “The President shall take care that the laws be faithfully executed….” In other words, the President has a constitutional duty to enforce the laws of the United States. Article I, Section 8 of the Constitution directs that Congress shall have power to pass laws regarding immigration and naturalization. Thus, immigration is a federal concern. Immigration laws passed by Congress are found in U.S. Code 8. Section 1227 of the code established illegal entry, criminal act, and visa violations as grounds for deportation. Section 1229a gives the alien the right to a hearing to determine eligibility for deportation and may result in an order of deportation. It is important to note that Section 1231 holds that deportation occur within 90 days of a deportation order. Code 8 also provides for expedited deportation of aliens apprehended while crossing the border and aliens who have resided in the country for less than 2 years. Expedited deportation does not require a hearing. Further, the Secretary of State has been empowered by Section 237 to bring deportation charges against any alien when the Secretary has reasonable grounds to believe that the alien is a risk to national security.

In summary, the President has both a popular mandate and a constitutional duty to engage in a program of mass deportation of those who have entered the country illegally, committed criminal acts, or overstayed a visa.

Federal immigration law is enforced by an agency under the Department of Homeland Security known as Immigration and Customs Enforcement (ICE). Most cities and states cooperate with ICE in that agents are allowed into prisons and jails with detainers for certain aliens. These officials honor the ICE detainer by turning the alien over to ICE. Many of these illegal aliens already have deportation orders against them and are summarily deported. Others are provided a hearing before an immigration judge. Unless the individual can show cause to be allowed to remain in the United States, a deportation order is issued. Many cities and states cooperate with ICE by assisting in finding illegals who are at large or providing security for ICE operations.

There are several cities and states across the nation that do not support federal immigration law and refuse to cooperate with ICE. These sanctuary jurisdictions are not required to cooperate, but they must not impede ICE in its enforcement operations. Currently, there are 17 states and the District of Columbia that have adopted sanctuary policies, laws, or legal opinions that limit cooperation with ICE, protecting illegal aliens from detention and deportation. Sanctuary states include California, Oregon, Illinois, New York, New Jersey, Connecticut, Massachusetts, Colorado, Washington, Vermont, Rhode Island, Minnesota, Delaware, New Mexico, and Nevada. Sanctuary jurisdictions do not honor ICE detainers and do not allow ICE to remove individuals from prisons or jails. Upon completion of their detention, the alien is released into the community. Thus, ICE agents must go into the community to find and arrest the illegal. Should he be in the company of other illegal, ICE takes them into custody also.

There are people and organizations that are opposed to federal immigration law and often stage or attend protests and demonstrations. In the United States, these protesters are exercising their constitutional right to free speech and assembly. In this country, people may disagree with government law or policy and make their opinions known; however, there is no right to use violence or impede or interfere with law enforcement activities. Despite that prohibition, many protesters cross that line and attempt to deter ICE agents from their mission. A flash point for such protests is occurring in Minneapolis, Minnesota where hundreds of protesters are engaging in such activities as using a vehicle to block an ICE vehicle, shout obscenities, and throw rocks and other projectiles at ICE agents and vehicles. Although these demonstrations masquerade as organic protests, they are highly organized and well-funded.

Indivisible Twin Cities is an organization that has planned and led many of the anti-ICE demonstrations in Minneapolis. This organization is a local chapter of Indivisible Project of Washington D.C. which bills itself as a movement to defeat the “Trump agenda.” This organization has received over $7 million dollars in recent years from the progressive billionaire, George Soros. This group was also behind the recent pro-Venezuela protests and the “No Kings” demonstrations around the country.

The Council of American-Islamic Relations is an anti-Israel group with a chapter in Minnesota. The executive director of the chapter is Jaylani Hussein who has been seen at Minneapolis protests speaking through a megaphone.

The Racial Just Network’s founder, Nikina Levy Armstrong, has also led demonstrations in Minneapolis. She is a Minnesota attorney and an organizer of the so-called “legal observers” who show up at ICE raids.

Other protest leaders include Edwin Torres DeSantiago. He heads the Immigration Defense Network which describes itself as an umbrella group for more than 90 non-profits and religious organizations working to protect the rights of immigrants. Born in El Salvador, DeSantiago is a doctoral student at the University of Minnesota despite being an undocumented alien.

There are several other groups, and they are well-funded. In addition to Soros, a number of groups receive state and federal grants. It is important to note that there is a Chinese connection to the funding. Neville Roy Singham is an American billionaire who lives in Shanghai, China. He has an anti-American ideology and has been seen at forums in China that promote a Marxist agenda. He has funneled millions of dollars to protest groups across the United States including Minneapolis. According to Representative Anna Paulina Luna of Florida, his goal s to sow discord among Americans enticing them to fight one another.

In addition to these organizations and individuals, anti-ICE statements made by Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey have served to raise tensions and inspire protesters to interfere with ICE operations. These politicians are verging on violating federal law. Section 1324 of U.S. Code 8 criminalizes the harboring of illegal aliens.

Since the beginning of Operation Metro Push in Minnesota six weeks ago, over 3000 illegal aliens have been taken into ICE custody. The following is a very small sampling of the type of people that Walz, Frey, and the anti-ICE groups wish to protect.

Srivdorn Phaivan is an illegal alien from Laos who has had a deportation order against him since 2018. He has been convicted of sodomizing a boy and sodomizing a girl.

Tou Vang is also from Laos and has had a deportation order against him since 2006. He has been convicted of sexual assault, sodomy of a girl under 13, and procuring children for prostitution.

Hernon Cortes-Valencia is an illegal alien from Mexico with a deportation order since 2016. He has been convicted of child sexual assault and DUI.

Abdirashid Adosh Elmi is a Salvadorian convicted of homicide.

Gilberto Saiguero Landaverde is a Salvadorian convicted to 3 counts of homicide. He was ordered deported in June 2025.

Please be advised that this is a extremely small sampling of the scores of criminal illegal aliens who have been detained by ICE while foaming freely on the streets of Minneapolis.

Question: what is motivating the politicians like Walz and Frey to keep illegal aliens with criminal convictions in their city, state, or community?