All cities in Illinois, Indiana, Kentucky, Kansas, Missouri and
Wisconsin have been declared Sanctuary Cities
'
Judicial tyranny
on steroids' creates arbitrary sanctuary, 'Federal judge wants to grant de facto amnesty to those
even the Obama administration wants to deport!', by Paul Bremmer, 10/15/16,
WND
First the Obama
administration reduces deportations to their lowest
level in a decade, then a federal judge
decides even those aliens the Obama administration wants to deport should
effectively be granted amnesty.
That is what happened
recently when Judge John Lee of the Northern District of Illinois issued an
order voiding thousands of Immigration and Customs Enforcement detainers in
Illinois, Indiana, Kentucky, Kansas, Missouri and Wisconsin – the states where
plaintiffs had filed a class action lawsuit.
This federal order
will prevent ICE from placing detainers on many of the illegal aliens held in
local jails in those six states, according to Daniel Horowitz, senior editor at
Conservative Review and author of “Stolen
Sovereignty: How to Stop Unelected Judges From Transforming America.”
“This radical
violation of American sovereignty – judicial tyranny on steroids – will have
the effect of creating a judicial sanctuary for sanctuary cities and prevent
the Obama administration from detaining even the few illegal aliens they are
pursuing,” Horowitz wrote in a recent column. “You heard that correctly, a
federal judge wants to grant de facto amnesty to those even the Obama
administration wants to deport!”
ICE commonly issues
detainers on people suspected of being in the United States illegally whom
local officials have arrested, but who are set to be released soon. ICE asks
local police to hold the prisoner for 48 hours if they have reason to believe
the person is an illegal alien; this allows ICE to capture criminal aliens
before they are released back into the public.
Lee ruled ICE must
obtain a warrant for every illegal alien before issuing a detainer unless they
can verify the individual is a flight risk. In Horowitz’s view, it’s ridiculous
for the judge or the administration to wonder if any illegal alien is a flight
risk. He said there is evidence the Obama DOJ put up a half-hearted defense of
federal immigration enforcement laws in this case.
“As Judge Lee noted,
the DOJ essentially agreed with the Soros-funded immigration groups that there
is no ubiquitous flight risk among illegals,” Horowitz explained. “That is
scandalous. By definition, illegal aliens with no documentation are the
consummate flight risk, which is exactly why the relevant statute, 8 U.S.C. §
1357(a)(2), calls upon ICE to apprehend illegal aliens without a warrant when
the suspected alien ‘is likely to escape before a warrant can be obtained for
his arrest.’
“For example, we know
that 84 percent of family units from Central America that received a notice to
appear before an immigration judge absconded and disappeared into the
population before the final decision in 2014-2015, yet this judge feels that
none of them can be detained.
Among young illegal
aliens who have crossed over in recent years, 90 percent failed to show up for
their hearings, according to data from the House Judiciary Committee. The
notion that illegals who have been arrested for crimes but never apprehended by
the feds in the first place are not a flight risk is insane.”
Horowitz noted this
decision will codify sanctuary city policies throughout the six named states,
even in places where local law enforcement wishes to follow federal immigration
law.
Furthermore, Horowitz finds
it “astounding” that illegal immigrants could attach themselves to this
lawsuit, which was brought by a U.S. citizen, and secure a sweeping judicial
order to halt detainers in six states.
“In this case, the U.S.
citizen, Jose Jimenez Moreno, can file a civil suit against the government if
he wants to get revenge,” Horowitz conceded. “But how do illegals get standing
for relief when they are not even allowed to be in the country and how can a
judge legislate immigration policy from the bench?”
Horowitz sees this as
part of a troubling trend of giving illegal immigrants the rights of citizens.
While it was long considered settled law that non-citizens had no right to stay
in the U.S., liberal lawyers have changed that understanding in recent years.
Horowitz affirmed a
sovereign country has the right to apprehend any alien with the goal of
deporting them. The only judicial review to which an alien is entitled is an
appearance before an administrative official to ensure the person is not a U.S.
citizen.
He cited an 1892 Supreme
Court writing: “As to such persons, the decisions of executive or
administrative officers, acting within powers expressly conferred by congress,
are due process of law.”
“Yet, over the past
number of years, the courts have overturned this settled law and have now made
their supremacy over sovereignty its own form of ‘settled law,’ a premise
adopted, at least in part, by much of the conservative legal profession,”
Horowitz charged.
He does not believe this
paradigm will change under a Republican president, because the illegal
immigrant lobby will use the lower courts to “litigate every last deportation
to death.” For Horowitz, the answer is for Congress to reclaim its rightful
power over immigration.
“That Congress can just
sit idly and watch lower courts – which are a complete creation of the
legislative branch – grant citizen rights to dangerous illegal immigrants
reflects the ultimate breakdown of our system of governance and is a gross
violation of the social contract.”
http://www.wnd.com/2016/10/judicial-tyranny-on-steroids-creates-arbitrary-sanctuary/
Comments
This is part of Obama’s
“helter skelter” Alynski blitzkrieg strategy to wreck the “rule of law” and
throw the election to Hillary. Those Communists really stick together and never
quit. That’s another good reason to vote
for Trump.
Norb Leahy, Dunwoody GA
Tea Party Leader
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