Updated: Fri, Jan 31, 2014, 7:41 am
Uploaded: Thu, Jan 30, 2014, 7:45 am
Retired immigration judge to run for Congress
Republican Danville resident Tue Q. Phan seeks to fill George Miller's seat
A retired immigration judge from Danville has thrown his hat into the ring as a Republican candidate for the congressional seat soon to be vacated by U.S. Rep. George Miller (D-Martinez).
"It takes guts to run, but I welcome the opportunity," Tue Q. Phan said in a phone interview Monday.
The 71-year-old Phan, who moved with his family from Vietnam to the United States in the 1970s, served as a judge for the U.S. Executive Office of Immigration Review in San Francisco from 1995 until stepping down at the end of 2012.
"I retired with the intent specifically to run (for legislative office)," he said. "I realized there is another way, a broader way, that I wanted to have an impact and that is with policymaking."
Opportunity presented itself to Phan, and other congressional hopefuls, on Jan. 13 when Miller announced he planned to retire after his current term -- his 20th in the House of Representatives.
Miller, 68, has been one of the longest-serving Democrats in Congress. He won re-election handily in November 2012, defeating Republican Virginia Fuller 69.7 percent to 30.3 percent.
Miller's 11th Congressional District -- redrawn in 2012 -- consists of most of Contra Costa County, including Richmond to the west, Pittsburg to the east and the central-county communities such as Danville, Concord, Pleasant Hill, Walnut Creek, Orinda and Lafayette.
Thus far, Phan is the only Republican to officially announce his candidacy for the forthcoming House vacancy.
Democrat State Sen. Mark DeSaulnier -- whose senatorial district covers about 70 percent of the 11th Congressional District -- has received endorsements from more than six dozen local, state and federal officials to date in his bid to fill Miller's seat.
Phan admitted considering himself an "underdog, a dark horse" in the race for Congress, but added, "It's only in the United States that that opportunity can be open to anyone."
An attorney by trade in Vietnam, Phan and his family sought refuge in the U.S. in 1975 after the fall of Saigon. He said he began life in America in greater Washington, D.C., working a variety of jobs including dishwasher, shoe repairer, machine operator and French teacher.
The Phans relocated to Des Moines, Iowa, in 1979, and he graduated from Drake University Law School six years later.
He worked as a hearing officer, and later an administrative law judge, for the Iowa Department of Job Service before becoming an assistant attorney general in the Iowa Justice Department.
The family moved to California in 1988, and Phan spent the next five years as a trial attorney with the U.S. Immigration and Naturalization Service. He then served almost two years as an administrative law judge with the California Unemployment Insurance Appeals Board before being appointed as an immigration judge in March 1995.
Phan and his wife have four adult sons and eight grandchildren. The couple have lived in Danville since 1995.
Phan said he plans for his name to appear on the ballot as Tue Q. Phan, although he was formally referred to as Tue Phan-Quang and Phan Quang Tue at times during his legal career.
Posted by Truusje
a resident of San Ramon
on Mar 26, 2014 at 9:05 am
John, with your "PhD degree", and with your stroke of the pen, there was no need
to elaborate on ILLEGAL immigration other then what I stated in the first line. After all, I conceded that you had solved the problem.
And since your last paragraph was lifted from a website, I also found something for you, I am sure you would advocate for the U.S. to adopt the immigration policies of its neighbor, Mexico.
MEXICO VS. UNITED STATES: MEXICAN IMMIGRATION LAWS ARE TOUGHER
Posted by FactReal on May 8, 2010
UPDATE July 28, 2010: Audio: Mark Levin reading from this article.
UPDATE Nov. 19, 2012: English translation of the Mexican Constitution
(Scroll down for more updates)
- - - - - - - - Original Post - - - - - - - -
Mexico has stricter immigration laws than the United States of America.
Here is a summary of two excellent 2006 research papers exposing how Mexico discriminates illegal and legal immigrants.
MEXICO'S IMMIGRATION LAW:
(a.k.a. General Law on Population)
Mexico's Immigration Law (General Law on Population) 1999
• Mexico welcomes only foreigners who will be useful to Mexican society:
- Foreigners are admitted into Mexico "according to their possibilities of contributing to national progress." (Article 32)
- Immigration officials must "ensure" that "immigrants will be useful elements for the country and that they have the necessary funds for their sustenance" and for their dependents. (Article 34)
- Foreigners may be barred from the country if their presence upsets "the equilibrium of the national demographics," when foreigners are deemed detrimental to "economic or national interests," when they do not behave like good citizens in their own country, when they have broken Mexican laws, and when "they are not found to be physically or mentally healthy." (Article 37)
- The Secretary of Governance may "suspend or prohibit the admission of foreigners when he determines it to be in the national interest." (Article 38)
• Mexican authorities must keep track of every single person in the country:
- Federal, local and municipal police must cooperate with federal immigration authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article 73)
- A National Population Registry keeps track of "every single individual who comprises the population of the country," and verifies each individual's identity. (Articles 85 and 86)
- A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91).
• Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:
- Foreigners with fake immigration papers may be fined or imprisoned. (Article 116)
- Foreigners who sign government documents "with a signature that is false or different from that which he normally uses" are subject to fine and imprisonment. (Article 116)
• Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:
- Foreigners who fail to obey a deportation order are to be punished. (Article 117)
- Foreigners who are deported from Mexico and attempt to re-enter the country without authorization can be imprisoned for up to 10 years. (Article 118)
- Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in Mexico such as working with out a permit can also be imprisoned.
• Under Mexican law, illegal immigration is a felony. The General Law on Population says,
- "A penalty of up to two years in prison and a fine of three hundred to five thousand pesos will be imposed on the foreigner who enters the country illegally." (Article 123)
- Foreigners with legal immigration problems may be deported from Mexico instead of being imprisoned. (Article 125)
- Foreigners who "attempt against national sovereignty or security" will be deported. (Article 126)
• Mexicans who help illegal aliens enter the country are themselves considered criminals under the law:
- A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the country is subject to up to five years in prison. (Article 127)
- Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)
Constitucion de MexicoMexico's Constitution
• The Mexican constitution expressly forbids non-citizens to participate in the country's political life.
Non-citizens are forbidden to participate in demonstrations or express opinions in public about domestic politics. Article 9 states, "only citizens of the Republic may do so to take part in the political affairs of the country." Article 33 is unambiguous: "Foreigners may not in any way participate in the political affairs of the country."
• The Mexican constitution denies fundamental property rights to foreigners.
If foreigners wish to have certain property rights, they must renounce the protection of their own governments or risk confiscation. Foreigners are forbidden to own land in Mexico within 100 kilometers of land borders or within 50 kilometers of the coast.
Article 27 states, "Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership of lands, waters, and their appurtenances, or to obtain concessions for the exploitation of mines or of waters. The State may grant the same right to foreigners, provided they agree before the Ministry of Foreign Relations to consider themselves as nationals in respect to such property, and bind themselves not to invoke the protection of their governments in matters relating thereto; under penalty, in case of noncompliance with this agreement, of forfeiture of the property acquired to the Nation. Under no circumstances may foreigners acquire direct ownership of lands or waters within a zone of one hundred kilometers along the frontiers and of fifty kilometers along the shores of the country." (Emphasis added)
• The Mexican constitution denies equal employment rights to immigrants, even legal
ones, in the public sector.
"Mexicans shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable. In time of peace no foreigner can serve in the Army nor in the police or public security forces." (Article 32)
• The Mexican constitution guarantees that immigrants will never be treated as real Mexican citizens, even if they are legally naturalized.
Article 32 bans foreigners, immigrants, and even naturalized citizens of Mexico from serving as military officers, Mexican-flagged ship and airline crew, and chiefs of seaports and airports:
"In order to belong to the National Navy or the Air Force, and to discharge any office or commission, it is required to be a Mexican by birth. This same status is indispensable for captains, pilots, masters, engineers, mechanics, and in general, for all personnel of the crew of any vessel or airship protected by the Mexican merchant flag or insignia. It is also necessary to be Mexican by birth to discharge the position of captain of the port and all services of practique and airport commandant, as well as all functions of customs agent in the Republic."
• An immigrant who becomes a naturalized Mexican citizen can be stripped of his Mexican citizenship if he lives again in the country of his origin for more than five years, under Article 37. Mexican-born citizens risk no such loss.
• Foreign-born, naturalized Mexican citizens may not become federal lawmakers (Article 55), cabinet secretaries (Article 91) or supreme court justices (Article 95).
• The president of Mexico must be a Mexican citizen by birth AND his parents must also be Mexican-born citizens (Article 82), thus giving secondary status to Mexican-born citizens born of immigrants.
• The Mexican constitution singles out "undesirable aliens." Article 11 guarantees federal protection against "undesirable aliens resident in the country."
• The Mexican constitution provides the right of private individuals to make citizen's arrests.
Article 16 states, "in cases of flagrante delicto, any person may arrest the offender and his accomplices, turning them over without delay to the nearest authorities." Therefore, the Mexican constitution appears to grant Mexican citizens the right to arrest illegal aliens and hand them over to police for prosecution.
• The Mexican constitution states that foreigners may be expelled for any reason and without due process.
According to Article 33, "the Federal Executive shall have the exclusive power to compel any foreigner whose remaining he may deem inexpedient to abandon the national territory immediately and without the necessity of previous legal action."
1. ^ Mexico's General Law on Population (Ley General de Poblacion) accessed in 2006.
Website: Mexican Congress
2. ^ Mexico's Constitution accessed in 2008. [English translation] UPDATE: [English translation]
Website: Mexico's Chamber of Deputies (lower house of Congress) under
Leyes Federales y Estatales (Federal and State Laws).
3. ^ J. Michael Waller, Mexico's Immigration Law: Let's Try It Here at Home
4. ^ J. Michael Waller, Mexico's Glass House: How the Mexican constitution treats foreign residents, workers and naturalized citizens
5. Mexico's Law of General Population [current version]
6. Mexico's Constitution of 1917 (Published) [current version]
- ARIZONA SB1070: Short Analysis (and Amendment HB2162)
- ARIZONA SB1070: IMMIGRATION LAW (Links to Bill Text, Chronology, Guide)
- MEXICAN HYPOCRISY: They abuse illegal immigrants in Mexico but demand citizenship for Mexicans living in USA (video)
- L.A. Teacher Ron Gochez Called for Mexican Revolt in the U.S. (transcript, video) (MECha, Nation of Aztlan)
- Ron Gochez, Marxist L.A. Teacher Advising Kids Against Police (video)
- L.A. Teacher Ron Gochez Helping Illegals To Hide? (video)
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