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Since I am a friend of the LP but not a member (I am trying to be a good Republican these days but sometimes it is difficult!) I think I have the right to speak the truth in love to my LP friends.

Let’s start with this statement from the new LP National Chairman, who I have spoken to and who I respect very much, fellow lawyer (and he is a public defender, too!  I was VA’s first Appellate Defender.) Nicholas Sarwark.  (Thanks to Independent Political Report again for this)

Sarwark, speaking for the LP, calls for us to take in all the immigrant children:

Should the U.S. government forbid foreign children from entering the United States? The Libertarian Party says no.

It would be unjust and inhumane for the U.S. government to prohibit these children from entering the United States.


Libertarians do not support forcing people to pay for other children’s welfare, and there are obviously costs associated with helping children who arrive in the United States. However, there are many charitable organizations that have already mobilized to provide that help. A nation of 320 million people can provide sufficient charitable help to the number of children involved (around 50,000 over the last nine months). And if we’d just end the War on Drugs, the number of refugee children would be much lower.

Ultimately, the fact that many of these children are fleeing dangerous situations isn’t the issue. Even if they were coming to the United States for fun, we should still allow them to enter. All foreigners should be allowed entry into the United States unless the government can produce positive evidence that they pose a threat to security, health, or property.


Some observers have noted that generous benefit and subsidy programs in the United States, including free education and health care, may be attracting lazy foreigners. The Libertarian Party supports the abolition of government benefits and subsidies, for both natives and foreigners. It’s worth pointing out that foreigners use these programs at a lower rate than natives, according to a recent report by the Cato Institute.

It’s a shame that many in the media are trying to make Americans feel fear and suspicion toward immigrants. It’s particularly disgusting that protesters would yell at children to make their political point. Immigration is good for foreigners and good for Americans, and we need to change our laws to make immigration much easier.

I’m sorry but a lot of good Libertarian candidates just lost the vote of a lot of conservatives or libertarian-minded Republicans or tea party people who are disgusted with things like what happened in Mississippi.  But amnesty is not the answer.  It can’t be.  Yes we need immigration reform. We need border control and enforcement of the laws right now.  We do need to find areas to withdraw benefits to illegal immigrants without failing to meet emergency human needs.  And unlike some leaders in DC, we do not need to punish US citizen and other legal workers through biometric ID cards for legal workers!  We need to celebrate legal immigration.

I respect the LP for saying open borders and free trade are desirable.  They are desirable at some point in time.  But not now and not while the nation is roiled over amnesty.  The immigrant children should be humanely treated (yes, private charities should provide soccer balls and teddy bears – and for those Christian ministries, a proclamation of the Gospel, too!) but they should be sent back to their home country unless there is a serious asylum request with serious facts behind it.  Certainly the effort made to send the German homeschoolers back to punishment ought to set the standard for political asylum.

The LP should have not called for us to take these children in.  They needlessly lost a lot of votes.  If I were advising a GOP candidate (And I am really not) I would pin this on any LP opponent I had.  And if I were a LP candidate (and I was asked this year to run for Congress!) I would have clearly repudiated this position.

On a more positive note:  The Green Shadow Cabinet gave me an idea for the LP:  Should they have a Shadow Cabinet?  Might be a way to get their positions out in a organized and dignified manner.  Of course, the Cabinet members need to be vetted to prevent something like what just happened to the Green Party on Israel.  But it might be helpful to have a semi-official position from a representative well-versed in these issues.  The Shadow Cabinet could be appointed by the Presidential and Vice Presidential nominees and be just a few positions – after all Libertarians want to reduce government not increase it.  Definitely not 100 people like the Greens have!  A Shadow Secretary of State, Attorney General, Secretary of the Treasury and Defense.  Most of the rest of the Cabinet officials could be summed up as:  Abolish my position, but in the meantime, great such-and-such relief.  Free advice from a friend.  It would be great to see if I agree.

And my advice to the LP Shadow Attorney General:  Watch those open borders!


About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)


  1. Jeanette Louis says:

    What say you Mr. Tucker?

  2. Gene Lefty says:

    I heard a “flushing” sound while reading this article? Was that the LP going down the ……..???? Oh no! They’re gone! What a way to go!

    Thanks for the info Sandy.

  3. robert shannon

    Not mentioned in this discussion is the stark difference between immigrants of 100 years ago and immigrants of today. Setting aside the debate over the statistics ( who uses more social services) let just take a look at some cold hard facts starting with California.

    California’s prison population is disproportionately illegals, violent illegals who cost that state billions annually in court, and housing costs, along with medical care while incarcerated. The springing up of for profit Prison systems has led to the creation of a relatively new cottage industry, surely represented in any lobbying efforts aimed at curtailing it. People are making money with larger inmate populations and try stopping that horse once it is out of the barn. Los Angeles alone could cut their police force some 30-40% if it were not for the crime associated with these illegals.

    More important to note is the philosophy of immigrants 100 years ago, immigrants who wanted to assimilate into American society and culture as quickly as possible. Today that is no longer the case. Many of these illegals show open contempt for their new homeland, often professing America stole Mexico and wanting to maintain a false professed allegiance to their native lands, in spite of the odd practice of fleeing it when the first opportunity presented itself.

    Immigrants used to have to take a oath of loyalty , swearing to protect and defend the U.S. Constitution when receiving their citizenship. Children can not consciously take such a pledge and specifically because of that should be sent back.

    Whether or not illegals use social services disproportionately or not is in my opinion immaterial. This Nation is 17 trillion dollars in debt, we have tens of millions of our own native born citizens unable to find full time work–we are committing National suicide with these feeble minded ,emotionally driven policies. And why ? The force that political correctness has become is driving otherwise sensible logical people to make decisions that , absent the political correct mindset ,and the slavish obedience to it they would not make.

    Clear the room of the childish thinkers—let the adults again take control.
    Bob Shannon

    • Clay says:

      If we don’t have borders we don’t have a nation. That is even more idiotic than the lies from the administration. I have considered voting libertarian on occasion, but if this is their position I will permanently ignore any libertarian that shows up on a ballot.

      • Sandy Sanders

        Always glad to see Bob Shannon here at the blog. I think Clay proved my point. Always just any candidate by what they say and more importantly, what they do. I know at least one libertarian who was dismayed at this thing too. Thanks to both for coming by.



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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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