Bobbie Patray: While everyone sleeps, the courts are abolishing all immigration enforcement

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When I read the first article below, I put WOW at the top of the page. All of us are aware of the despicable condition our immigration system is in and the FAILURE of Congress to do anything substantial about it. It’s almost as if the Democratic-controlled Congress is doing everything in its power to prevent reasonable measures from being taken – and now the courts are doing indescribable damage to our country.

There is something much bigger occurring here. Putting aside particular smaller areas of immigration law, the legal profession has now pulled the trigger on a long-standing goal of what they refer to as “applying constitutional norms” to foreign nationals, not just in terms of criminal proceedings, but in the context of immigration claims themselves.

While everyone sleeps, the courts are abolishing all immigration enforcement

Congress could never get away with creating constitutional rights for illegal aliens to remain here, yet a single lower court just did so on Thursday. And where Congress would face deep reprisal in the next election, faceless judges will never feel the heat.

Conservatives fear that extreme Democrats might actually abolish ICE and all immigration enforcement, but the lower courts are already systematically abolishing ICE’s authority, nullifying immigration enforcement statutes, violating separation of powers, and constantly increasing the wave of bogus asylum-seekers that they originally spawned with other radical rulings. The latest ruling from the Ninth Circuit demonstrates that unless Republicans and the president begin pushing back against these radical judges and delegitimizing their rulings, Democrats will get everything they want without ever facing electoral backlash or even the need to win elections.

It’s truly hard to overstate the outrageously harmful effects of Thursday’s Ninth Circuit ruling. For the first time in our history, the courts have fabricated a constitutional right for those denied asylum to appeal to federal courts for any reason.

Here’s the background.

Hundreds of thousands of migrants are flooding our border, claiming the formula of “credible fear” of persecution. They get to stay indefinitely while they ignore their court dates in immigration court. Because of an amalgamation of several prior activist court rulings, mainly by this very circuit, roughly 90 percent of credible fear claims are approved by asylum officers and the claimants shielded from deportation, even though asylum status is ultimately rejected almost every time by an immigration judge. Unfortunately, by that point it’s too late for the American people, who are stuck with the vast majority of these claimants remaining indefinitely in the country. Yet rather than ending this sham incentive, the Ninth Circuit drove a truck through immigration law by asserting that there is now a constitutional right for even the few who are denied initial credible fear status and are placed in deportation proceedings to appeal their denials, not just to an administrative immigration judge but to a federal Article III judge for any reason.

In past cases, the courts merely twisted statutes and contorted their plain meaning. In this case, for the first time ever and in direct contrast to a ruling by the Third Circuit in 2016, the Ninth Circuit ruled that the immigration statute that denies the federal courts jurisdiction to hear such appeals is unconstitutional under the constitutional requirement of habeas corpus, thereby giving 7.8 billion people in the world habeas corpus access to our courts. This will allow numerous illegal aliens, including the brand-new ones entering now, to stay indefinitely while they litigate themselves into status. The ACLU, which of course led this lawsuit on behalf of a Sri Lankan migrant denied asylum, wasn’t kidding when it proclaimed, “The historical and practical importance of this ruling cannot be overstated.”

This is one of many recent violations of sovereignty doctrine, known as “plenary power doctrine.” This long-standing principle in the courts is that while aliens have due process rights against criminal punishment, they have no rights to litigate against deportation, which is a mere extension of sovereignty, other than the process laid out by Congress. This principle “has become about as firmly embedded in the legislative and judicial tissues of our body politic as any aspect of our government,” not “merely” by “a page of history … but a whole volume” (Galvan v. Press). The concept is “inherent in sovereignty,” consistent with “ancient principles” of international law, and “to be exercised exclusively by the political branches of government.” (Kleindienst v. Mandel).

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