Tuesday, April 16, 2024

Immigration Is Out Of Control.

March 21, 2019 by  
Filed under News, Politics, Weekly Columns

(Akiit.com) The other day on Rush Limbaugh’s radio program, he was discussing with a caller how the flood of illegal aliens continues over the border, while we are all transfixed on other issues such as the Mueller probe report, the outcome of the Manafort conviction, or the Lisa Page testimony.

There are many shiny objects that distract us from the problems that continue at the border.

The caller said that this is exactly what the left is attempting to do – use sleight-of-hand tricks to distract us from the left’s plan to have illegals infiltrate red states and turn them blue.

Rush disagreed, saying that what is happening at the border is as plain as day. There’s no trickery or distraction.

Well, Rush is right on this issue. Things at border have not gotten better, and indeed, no one seems to be concentrating on the problem.

There’s really nothing covert about it. It’s all happening right under our noses, yet it’s just not as exciting or eye-popping as Ilhan Omar or AOC, or whether Uncle Joe Biden is running for president.

The border just isn’t making it into the nightly news rotation, which is why the public has gone back to sleep on the subject. And the reason is that there are no huge caravans to report on and no supposed abuses suffered by the angelic immigrants at the hands of the evil Trump.

Even so, there is a major problem in our immigration system. Daniel Horowitz states, “While everyone sleeps, the courts are abolishing all immigration enforcement.”

Over the decades, Congress has so abdicated its constitutional authority and responsibilities that it’s allowed federal courts, particularly the lower courts, to issue stays and mandates for which they have no authority.

Horowitz writes, “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.”

This is the exact type of situation the Dems have been hoping for, frankly since the progressive era began – a system of unelected, unaccountable judges who wield almost limitless authority yet, unlike the legislature or state court judges who are mostly elected, they bear no consequence for their actions. They can also remain relatively anonymous.

Who in his right mind would think that the founders would be OK with a single lower court judge having the power to halt an executive action or legislative act, or that a court like the 9th Circuit Court of Appeals should have the authority to just create constitutional rights for any illegal who is denied asylum by an immigration court?

But that is what they’ve done. Until now, no alien had the right to appeal or otherwise litigate deportation. Only Congress has that authority, and Congress has never granted the federal courts jurisdiction to hear such cases.

Yet, out of thin air, “the 9th 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.”

Habeas corpus is briefly defined as “a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for his or her detention.”

It is a direct affront of our nation’s sovereignty. All aspects of immigration are the sole responsibility of and are to be exercised exclusively by “the political branches of government,” as defined by the 1952 Immigration and Nationality Act and the Supreme Court decision in Kleindienst v. Mandel.

The Kleindienst v. Mandel decision held that Congress alone has “plenary power to exclude aliens or prescribe the conditions for their entry into this country, Congress in § 212(a)(28) of the Act has delegated conditional exercise of this power to the Executive Branch. When, as in this case, the Attorney General decides for a legitimate and bona fide reason not to waive the statutory exclusion of an alien, courts will not look behind his decision. …” In other words, courts may not usurp Congress’ or the U.S. attorney general’s authority.

For those unfamiliar, in United States constitutional law, “plenary power is a power that has been granted to a body or person in absolute terms, with no review of or limitations upon the exercise of that power.”

Yet here we are. The laws and Supreme Court rulings regarding immigration could not be clearer, yet the Congress and presidents for years have stood by, silently, and allowed these rogue lower courts to change laws and create rights.

It’s long overdue for the legislative and executive branches to disregard such lower court immigration mandates and decisions, as they have no constitutional power to do what they are doing.

Columnist; Brent Smith

Official website; http://commonconstitutionalist.com/

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