NO SOVEREIGNTY ALLOWED. ROGUE JUDGES GIVE
LEGAL STANDING TO FUTURE, HYPOTHETICAL IMMIGRANTS, By: Daniel
Horowitz | March 14, 2017
When
President Trump issued his revised immigration order, I warned that unless we reassess our erroneous
views of judicial power, the courts would create an affirmative right to
immigrate. Even though the revised order applies only to prospective immigrants who have never stepped foot
on our shores, we predicted that the courts would completely erase national sovereignty.
They did not disappoint.
Over
the past few days, several liberal legal groups and a handful of blue states
(led by Hawaii) have sued against the new order. One federal district judge
grotesquely manipulated the rules of standing and issued a temporary
restraining order against the executive order, even in a case where Trump’s
moratorium was inapplicable.
Trump’s
original executive order was on solid enough ground, backed by seven statutes and Article II powers.
But this new order cuts to the very foundation of a sovereign nation, the
president’s foreign affairs powers, and Congress’ plenary power over
immigration, which it delegated 100 percent to the executive branch to ratchet down immigration as needed.
The manipulation of the rules of
standing is how the judiciary has become a super-legislature. Hence, an
affirmative right to immigrate. Yet none of these issues were even cited by these federal judges, who have replaced the law and the
Constitution with their personal social justice agenda.
Courts
becoming unprecedentedly zealous while interfering with immigration law: On
Friday, Judge William Connelly of the U.S. District Court for the Western
District of Wisconsin issued a temporary
restraining order against the new Trump moratorium as it relates to family
members of an asylee living in America who is concerned that, despite his
approval for asylum status, the petition to bring in his wife and daughter from
Syria will be blocked by Trump’s order when it takes effect. Although Connelly
did not issue a nationwide injunction on the underlying moratorium, the fact
that the judge is granting any relief raises some serious questions.
The
Trump administration already made it clear that this order does not apply to
those refugees already approved and in the pipeline. So how does a plaintiff
get standing to sue based on a “fear” that when the order takes effect (on
Thursday), his family might be excluded, if their contention is that they
were already in the pipeline?
To
begin with, the courts have no right to demand that any alien be admitted to
the country even after his visa is approved. But for the courts to grant
standing preemptively to someone who doesn’t even have an injury-in-fact is a
clear indication that they plan to attack the merits of the underlying
executive action when it takes effect. The manipulation of the rules of
standing is how the judiciary has become a super-legislature. Hence, an
affirmative right to immigrate.
In
addition to the pending lawsuit in Wisconsin, the state of Washington went back
to District Judge Robart and asserted that the temporary
moratorium on immigration from six countries and the refugee program (sections
2(c) and 6(a)) even for FUTURE hypothetical immigrants should be subject to his
original TRO. While Robart declined to issue a judgement because of a lack of
proper filings, it is safe to assume he will issue some sort of TRO on the
revised executive order as well. The logic behind such an order would be no
less insane than the logic behind his original TRO.
Rogue judges already granting
amnesty! Here’s how to stop it. And don’t think the
chicanery is limited to the 9th Circuit. As we’ve noted before, most of the circuits
are irremediably broken. They are flipping federal immigration power on its
head by allowing states to complain that Trump limiting dangerous immigration
is adversely affecting their tourism industries. It would be akin to a state
obtaining standing to sue against a president’s foreign policy or military
decisions. Meanwhile, states were denied standing to sue when Obama violated
immigration law and Arizona is being forced by the 9th Circuit to grant driver’s
licenses to illegals unlawfully amnestied by Obama.
There
is nothing more dangerous to our national security than the stolen sovereignty at the hands of
the unelected courts.
They are remaking the Constitution, erasing our borders, ignoring foundational
statutes, overturning 200 years of settled case law, and unilaterally expanding their own
jurisdiction.
Where is
Congress? Look at the House GOP’s agenda since January. It has been
devoid of any substance. What other majority party with control of the White
House has failed to act on a single significant issue in its first 100 days?
Why are they not passing bills defending Trump’s executive order, and why are
they not stripping the courts of jurisdiction
over immigration?
Trump’s
only major accomplishment thus far was the refugee moratorium and that is
hanging by a thread thanks to the erroneous outsourcing of legislative and
executive authority to the courts. It’s time for Trump to work with House
conservatives to bolster his immigration agenda against the courts, instead of
fighting conservatives to enshrine Obamacare into law.
Trump
must demand that Congress back his immigration order in the April budget bill
by defunding the refugee resettlement program and the issuance of any visas
from the six countries on his list. House conservatives should also work with
Trump to defund Obama’s executive amnesty.
Instead
of threatening conservatives with
primary challenges if they fail to betray Trump’s own
election mandate, why not threaten to primary the RINOs for not backing his
immigration agenda? Or is it easier to go after conservatives because they are
politically expendable?
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