Tuesday, April 25, 2017

Judge Blocks Immigration Enforcement, Trump Should Pivot To Raids

Illegal aliens don't like raids.  They don't like raids because they get arrested and deported.  So, certain kritarchs have blocked some enforcement actions that will certainly be eventually upheld by the Supreme Court.  Time for President Trump to pivot to the enforcement action that he can do, action that is legal, constitutional, and very effective.

Interestingly, reading beneath the headlines, the judge actually allowed the suspension of Department of Justice and Department of Homeland Security funds to be withheld from sanctuary cities.

However, the federal government is still able to enforce existing conditions of federal grants and does not restrict it from "developing regulations or preparing guidance on designating a jurisdiction as a 'sanctuary jurisdiction,'" Orrick ruled.
[Federal Judge Blocks Trump's Sanctuary Cities Executive Order, by Kelly Cohen, April 25, 2017]

However, this is the time to show these sanctuary cities and smug mayors like Rahm Emanuel, that the Federal government enforces immigration law.  Time to begin a systematic campaign of immigration enforcement in cities like San Francisco and counties like Santa Clara County, the lead plaintiffs in this case.

President Trump should start doing things like this, but more openly and aggressively.

CHICAGO (CBS) — Undocumented immigrants are being warned to stay away from airports such as O’Hare, even if they aren’t traveling.
The Trump Administration’s immigration crackdown has focused new attention on customs and border protection agents checking the status of suspected undocumented immigrants at airports.
Nell Barker, with the American Immigration Lawyers Association in Chicago, said these practices have gotten more attention recently.
“It’s not new. It’s come up a couple of times over the last few years and a lot of people have spoken up. It just came up on a list serve and a lot of people have spoken up.”
Barker says what may be different is customs and border protection officers may feel more emboldened to take action in the wake of the Trump Administration’s immigration policies.
And Barker says those officers have broad powers at airports, including investigating people who show up to pick up or drop off passengers.
[Undocumented Immigrants Warned To Stay Away From Airports, by Jim Gudas, CBS 2, April 24, 2017]

It appears that U.S. Customs and Border Protection Officers have taken the initiative to start interior enforcement and departure control at O'Hare International Airport.  That is a good sign.  And it is something that can be upscaled and targeted at the San Francisco International Airport and the San Jose International Airport.

What can also happen is that President Trump can order U.S. Immigration and Customs Enforcement (ICE) to start similar actions, but not at airports, but in the Democrat strongholds of Chicago, New York, San Jose, San Francisco, Seattle, and Dallas.  He can order that the raids that John Kelly and David Marin hate so much, commence with a vengeance, a vengeance directed at sanctuary cities and the illegal aliens that live and work there.  He can even target Malibu, a city where illegal aliens only work, not live.

The President can order the Commissioner of the Social Security Administration to begin providing records that indicate unlawful employment to ICE, and the illicit employers of San Francisco who employ tens of thousands of illegal aliens in the expensive restaurants frequented by the Silicon Valley elite and the hipster workforce, as well as the other illegal alien employers in the landscaping, construction industries, retail, and hospitality.

This will be a sharp stick in the eye of the kritarchs and the Democrat politicians that support illegal aliens.  And there is nothing they can do about it.  Well, they could interfere with the ICE agents as they do their job, but that would bring about direct conflict, resulting in more arrests of Democrat voters and politicians, which would be a good thing.

President Trump has cards to play in this game, time for him to take action, as illegal immigration over the Mexican border is down, he can redeploy Border Patrol Agents to San Francisco, Santa Clara County, Chicago, New York, and Seattle.  Let us see how those sanctuary cities like it when a few thousand Border Patrol Agents show up in their cities and actually begin arresting illegal aliens who don't have criminal convictions yet.  Border Patrol Agents can hit bus stations, and even the Bay Area Rapid Transit (BART) system, that openly supports illegal immigration and Muslim terrorism as well.  Border Patrol Agents can cause massive panic among illegal aliens by showing up on BART and checking for illegal aliens.  Panic and fear, those are the weapons President Trump can use against the kritarchs and sanctuary city politicians.  Between the riots, demonstrations, and fleeing illegal aliens, those cities will collapse or be forced to get into line.

Likely this will provoke massive violence, but that will be a good thing, exposing Democrats and illegal aliens as violent terrorists, and in the end forcing big city police chiefs to crack down on Antifa and illegal aliens.  This is real 4 dimensional chess.

President Trump Continues To Be Intimidated By Illegal Aliens And Democrats

Not just his failure on the Deferred Action for Childhood Arrivals (DACA) or Senator Chuck Schumer who easily intimidated President Trump on the wall, the common illegal alien can intimidate President Trump as well. And here is another illegal alien who should have been deported two weeks ago, is no out and will be allowed to get a green card.  Next thing we know, Trump will be giving Iran and the Norks their own American nuclear weapons.

First, the background. Illegal alien support groups are bragging that they are emerging victorious, easily intimidating U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Deportation Officers:

Lohse is among hundreds of volunteers, including preachers, law students and retirees, who've stepped up to accompany people in the U.S. illegally to court hearings and meetings with immigration officials, guiding them through an often intimidating process.
Some of them say the accompaniment is more important than ever since Republican President Donald Trump expanded the definition of deportable offenses to include all immigrants living in the country illegally, giving rise to immigrants being apprehended during routine check-ins with Immigration and Customs Enforcement.
"We want to increase the accompaniment because the crisis is more severe. The pain, the fear, is bigger," said Guillermo Torres, from Clergy & Laity United for Economic Justice in Los Angeles.
The group escorts mostly women and children to immigration court hearings, where judges decide who can stay in the U.S. and who must leave. Volunteers also accompany immigrants who are required to periodically check in with federal agents because they have pending cases or have been ordered deported.
[Volunteers Usher US Immigrants To Court To Allay Their Fears, by Claudia Torrens, AP/Yahoo, April 25, 2017]

And their intimidation tactics apparently frighten the bureaucrats at ICE ERO:

In New York, the nonprofit New Sanctuary Coalition said one of its volunteers was with Colombian immigrant Juan Vivares last month when he was arrested during his check-in. The group helped organize a news conference to publicize the arrest. Vivares, who is from Medellin and was arrested because his asylum request had been denied, was released two weeks later after his lawyer requested a stay of the order of deportation...
They also provide moral support and show officials they're watching, they say. And they contend escorting someone can make a difference in a judge or ICE agent's decision on matters such as pending asylum petitions or issuance of travel documents.
"It definitely can change the decision of an ICE agent or judge," said Kyle Barron, a New Sanctuary Coalition organizer who sends at least 150 volunteers an email every week on the schedule of accompaniments.

Let's go to Juan Vivares.  He is a long time illegal alien who attempted to enter the United States illegally, but was caught, then filed a fraudulent asylum case, which was surprisingly denied by the Executive Office for Immigration Review (EOIR).

An undocumented immigrant from the Bronx who was featured in a recent New York Times article about people with old deportation orders was detained Tuesday after meeting with immigration agents in downtown Manhattan, his lawyer said.
It was the latest of several cases in which the government detained an undocumented immigrant who had been ordered deported but, under the Obama administration, allowed to stay in the United States.
The Times article on the subject this month featured Juan Vivares, 29, a Colombian electrician who was caught crossing the southern border into the United States illegally in 2011 and was ordered deported after losing his bid for asylum. 
[For Bronx Man Facing Deportation, a Grace Period Nears Its End, by Vivian Lee, NYT, March 21, 2017]

Vivares was arrested and held for two weeks.  However, the left knows they can intimidate President Trump and they were successful.  Instead of swiftly deporting him, ICE ERO held him despite the fact that they could have deported him the same day given the availability of flights from NYC to Columbia.

NEW YORK- We are overjoyed to announce that after two weeks of detention, Juan Vivares is home with his family! Juan has received a stay from the Board of Immigration Appeals and was released while his wife Yahaira Burgos’s family-based petition and motion to reopen removal proceedings is being considered in order to keep the family together. Yahaira, a New York City doorwoman, and the couple’s 14-month-old son are both US citizens.
[Juan Vivares Released From ICE Detention, Reuniting with His Family in New York, Press Release,  SEIU32BJ, April 5, 2017]

The pattern was familiar, no-name local politicians or such stage shameless baby-waving and other public demonstrations, bigger name politicos jump in, and Donald J. Trump, or the David Marin's of the Deep State, jump to attention, salute the rabble rousers, and do what they're told by Democrats.

In a message to President Donald Trump, city officials are rallying around an undocumented immigrant without a criminal record who was detained at Immigration and Customs Enforcement offices on Tuesday, leaving his wife and 14-month old son facing an unclear future.
Flanked by city elected officials — including City Council Speaker Melissa Mark-Viverito, City Comptroller Scott Stringer and Public Advocate Letitia James — and members of her labor union on the steps of a federal court in Manhattan, Yaharia Burgos, 39, detailed what transpired after her husband, Juan Vivares, a Colombian national, was detained Tuesday morning when the couple arrived at court for an appointment.
[Mark-Viverito Rallies Around Undocumented City Resident Detained By ICE, by Gloria Pazmino, Politico, March 21, 2017]

The Vivares case was similar to lesbian Daniela Vargas case.  This illegal alien was arrested, and could have been easily deported as she had entered on the Visa Waiver Program which provides for immediate deportation without any appeals.  In Vivares' case he had a final order of deportation, but was not deported despite the fact he had lost all his appeals and had no legal recourse.

This writer documented the failure of either President Trump, or sabotage by Deep State operatives in ICE ERO, on Vargas and another illegal alien, this time a convicted felon, Ravi Ragbir, who used the above strategy of bringing friends to his deportation appointment, and was subsequently released. [Leftist Media And Democrats Prove Trump Can Be Intimidated, by Federale, Federale Blog, March 10, 2017]

The Democrats have dialed in on Trump and have his number.  His attempts at immigration control are collapsing, and not because of liberal judges, but because Trump is collapsing in the face of determined opposition.

Monday, April 24, 2017

Is David Marin A Deep State Agent For Illegal Aliens?

David Marin is in the news again.  He is again trying to sabotage the enforcement of immigration laws of the United States.  And he is the top official in Los Angeles in charge of arresting illegal aliens.  We saw a hint of Marin's contempt for immigration laws recently when this author wrote about John Kelly's discomfort with arresting illegal aliens.

David Marin, Field Office Director, ICE ERO, Los Angeles District Office, even went so far as to vigorously deny raids and roadblocks, trying to assure illegal aliens that there will be few arrests, despite the Presidential target of removing 3 million illegal aliens in the first two years of his presidency. There is no way that ICE will deport 3 million illegal alien criminals if the Los Angeles District can only arrest 160 illegal aliens, in a region where there are 1 million or so illegal aliens in Los Angeles and Orange Counties alone.
[John Kelly, You're No Jumpin' Joe Swing, by Federale, VDare, February 14, 2017]

Marin apparently enjoyed is 15 minutes of fame and doubled down.  He invited NBC news on a ride-along to see how U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE ERO) and besides some B-roll on arresting illegal aliens, Marin saw another opportunity to lobby for illegal aliens.

David Marin is the Field Office Director for Enforcement and Removal Operations in Southern California, a man who has enforced immigration law under at least four U.S. presidents.
[On the Ground With ICE: Where Marching Orders Meet Immigrant Reality, by Gadi Schwartz, NBC, April 21, 2017] 

And the title should be no surprise.  The theme of the article is that illegals can't be deported and amnesty is the only answer.  The question is why Marin was lobbying for illegal aliens.  Federal employees are not supposed to be involved in politics.  It is a violation of the Hatch Act and Federal employees are prohibited from lobbying Congress by the Anti-Lobbying Act as well.

But Marin doesn't care about those laws, he has an agenda, amnesty for illegal aliens:

On the way to the next arrest, I ask Marin the same question he's been asked by scores of reporters, "What about people with families?"
His response is measured.
"That's an unfortunate consequence of our immigration laws," he tells me. "But we don't make the law, our job is to enforce them."
When I ask what it might take for millions to become legal residents, Marin says that he knows there are many hardworking immigrants trying to get their legal status in order.
"This country has become theirs," he says. "Congress has to make that change."

No, David Marin, this is not their country, it is our country.  And Marin tells some lies about immigration enforcement in order to make President Trump look like a bad hombre:

He tells me things have changed dramatically since the mid 90s when sometimes they would receive warm welcomes during door knocks.
"They would, you know, welcome us in, sit down and ask us if we wanted coffee or something to drink and sometimes even breakfast," Marin recalls, "while the person that we were looking for would be getting dressed and grabbing a bag and come out ready to go with us."

Talk about a tall tale.  As someone who was in the INS in the 90s, that's just not true.

And Marin thinks that no illegal aliens should be arrested unless they are a criminal alien as well:

"It's not really an effective use of our resources," says Marin, "because you may arrest 50 to 60 people at one of those raids but only a small percentage will actually be criminal aliens."

And Marin has ordered his officers to not take forceful action against illegal aliens, allowing them to defy the law with an ACLU piece of paper:

Finally, the door opens and a woman's hand emerges holding out a red card.
Agents immediately stand down.
Over the last few months we have heard of legal workshops for immigrants offering training on what to do if ICE comes to your home. During role play and legal seminars, many are given a red immigrant rights cards to hand to ICE agents. It reads,
"I do not wish to speak to you, answer your questions or sign or hand you any documents based on my 5th Amendment rights."
The card also says the bearer does not give permission for the home or belongings to be searched without a warrant.
"Of course we are going to abide by that," Marin says, as we walk away.

Now, if you look at the accompanying photo of the story, the woman's hand is clearly outside. Deportation Officers should have grabbed her hand and dragged her out of the house as she handed her protection card out the door.  That would have been legal, as her hand was outside of the house.




It also raises a question, one that Congress should solve this problem by authorizing immigration officers to enter a dwelling if they have an arrest warrant and the second is that Deportation Officers should get search warrants for such dwellings where illegal aliens live.  Remember, the INS used a search warrant to enter into the house to arrest Elian Gonzalez.  Search warrants are easy to obtain and Federal magistrates are under-worked.

I wonder why David Marin has not instructed his officers to get search warrants?  Probably because he doesn't want to.

Instead, ICE navigates a quasi judicial, quasi administrative world with the power to detain based on an administrative judge's order. If they are not given consent to enter a home, they can make arrests in public or possibly places of employment where the presence of a team of ICE agents can send panic through a community.
"It creates the sense that ICE is doing raids," Marin tells me. "This is one specific person we went after. The person that answered the door, we knew that wasn't our target, we weren't concerned with their immigration status. We were just looking for our one target."

David Marin has an aversion to raids and road blocks, those make David Marin uncomfortable, just as talk of raids makes the ever so sensitive John Kelly uncomfortable, because Kelly just doesn't like immigration enforcement.  Well, raids are good, and fear of raids is almost as good.  Fear is the mind killer, and, more importantly, motivation for self-deportation.

It is time for John Kelly to go, and time for illegal alien sympathizers like David Marin to go as well. If you don't like raids, checkpoints, and arrests, this job is not for you.

Thursday, April 20, 2017

It's On Like Donkey Kong: Immigration Patriot Jeff Sessions Vs. Cultural Marxist Nation Buster John Kelly

The battle lines have been drawn between the two men responsible for protecting the United States from illegal aliens, and it is immigration patriot Jeff Sessions versus Cultural Marxist nation busting John Kelly who appears to want to elect a new people in the fashion of the Communist dictators of East Germany. On one side we have a patriot who wants to build the wall, prosecute illegal aliens, and deport illegal alien DREAMers.  On the other we have a DACA advocate and a limp wristed #cuckservative who acts to protect illegal aliens from deportation, is unenthusiastic on the wall, and supports the Obama Regime Administrative Amnesty.  No more instructive issue is the border fence with Mexico.  The wall is the test of opposition to illegal immigration.  Those who are against the wall support illegal immigration because they know the wall will work.

First, the patriot:

Attorney General Jeff Sessions said Wednesday that the border wall construction needs to “move rapidly” to keep down the number of illegal border crossings into the U.S.
“I think the border wall needs to move rapidly,” Mr. Sessions said on Fox News’ “Happening Now” ahead of his trip to the border later this week.
“It will be the final affirmation that the illegality is over. It will multiple many times the effectiveness of our border patrol officers,” he said.
[Sessions: Border Wall Will ‘Drive Home’ Trump’s Immigration Policy, by Sally Persons, The Washington Times, April 19, 2017]

Sessions even understands the utility of a clear public message that illegal aliens are not welcome and only prosecution and deportation await those who violate our immigration laws.  Just the opposite of Kelly's public stance that only criminal aliens will be deported, and even criminal aliens like Ravi Ragbir have a chance of evading deportation if there is enough manufactured public demonstration by the Soros funded radical left.

Now, the nation busting #cuckservative who deliberately undermined President Trump:

Kelly says a wall in the right places, will do that job. He told a Senate panel that the wall won't be from "sea to shining sea," but in places where border agents say it would be most effective.
[Homeland Security Chief: Border Wall Won't Be From 'Sea to Shining Sea,' by Alicia Caldwell, Time/AP, April 5, 2017]

That's code for I don't want a wall, it might actually work.  While it is true that a wall or fence isn't needed in 100% of the border with Mexico, it is true that 95% of the border needs a wall or fence.  A few isolated miles of mountainous areas are portions of the border that while a fence can be built, as shown by the Great Wall of China, it is not always necessary in particular areas like the Big Bend National Park in Texas or the Peninsular Range between San Diego and Calexico, most of the border is amenable to construction of a fence or wall.


Yes, You Can Build A Wall On A Mountain Range With 2,000 Year Old Technology

A fence or wall that will work. Just as both do in Israel.


A Modern Border Fence That Works


A Modern Border Wall That Works

And, as if to prove the point that John Kelly is weak willed on deporting illegal aliens, he just allowed another illegal alien to avoid deportation.  He appears to take instructions on whom to deport or not from the press.  An illegal alien sob story appears:

I was allowed to sit in on the consultation because I agreed not to use the woman’s name or print any information — where she lives, where she works — that could identify her.
To me, she looked like a regular Bay Area mom. Her dark hair was in a ponytail. She wore New Balance sneakers, black yoga pants and a hoodie with the logo of a San Francisco startup.
She’s someone I’d pass on the street without thinking about what she might be going through. But it was clear when she spoke that everything in her body ached because of the uncertainty of her situation.
She was concerned about her upcoming check-in with Immigration and Customs Enforcement, required for immigrants without documentation who aren’t a deportation priority.
[Just An Ordinary Immigrant, Living In Fear, by Otis Taylor, SF Gate, April 14, 2017]

And as if on cue, John Kelly decided to let this unnamed illegal alien without any recourse to remain, do just that:

Stories like that had scared the Guatemalan woman who was worried about her upcoming appointment with ICE. She didn’t want to leave her children behind if she was detained. (She wasn’t.) Veronica Guinto, the immigration attorney the woman met with, told me that’s a cold reality immigrants who try to fix their status must face.
“They can’t fix their status without attending the interview, and that’s the problem,” Guinto said. “They’re trying to move forward, and you’re basically not allowing them to do so.”
[The Fear That Immigrants’ Children Carry With Them, by Otis Taylor, SF Gate, April 19, 2017]

So, either John Kelly is easy to intimidate with shameless baby waving or manufactured public indignation, or he just really doesn't want to deport illegal aliens.  Most likely he does not have will or the stomach to do his job.

And just as Cato the Elder ended every speech with a cry to save Rome from her sworn enemy, Carthage, Carthago delenda est, so I will call out every day that #KellyMustGo!  For the sake of the survival of the historic American nation, #KellyMustGo!

Wednesday, April 19, 2017

John Kelly Again Sabotages Immigration Enforcement

John Kelly is turning out to be the Alger Hiss of immigration enforcement.  Kelly, like Hiss, portrays himself as a loyal and tough American, while the truth is that he is a saboteur and enthusiast for massive illegal immigration.  VDare's Patrick Cleburne asked the important question, why is Kelly on the warpath against the historic American nation in a recent article.  [Trump PSYOP Illegal Immigration Triumph Reversed By DHS Chief Kelly. Why?, by Patrick Cleburne, VDare, April 18, 2017]  President Trump's rhetorical war on illegal immigration is having its effect, fear is a strong motivator, it is the mind killer.


And fear is very effective.  And it has started working, measurably.  As this writer said before, even rumors of enforcement work; panic among illegal aliens is good.  And John Kelly has instead instructed his subordinates to deny rumors of enforcement and himself proposed, then walked back additional actions to discourage illegal entry as Patrick Cleburne illustrated and I exposed previously. [John Kelly, You’re No Jumpin’ Joe Swing, by Federale, VDare, February 14, 2017]  It is that Kelly is deliberately undermining the psychological effects of enforcement actions and the talk of enforcement actions.

Well, Kelly is at it again.  He talks a little tough, then he backs off.  First the tough talk:

As I reported back in March, we’ve seen a dramatic reduction in illegal migration across the southwest border. In fact, March apprehensions were 30 percent lower than February apprehensions—and 64 percent lower than the same time last year.
These numbers are lower because we’ve shown that we’re serious about border security and enforcing our immigration laws. We have ended catch and release and also focused on apprehending, prosecuting and convicting the traffickers, or “coyotes,” themselves. We have significantly increased detainers for deportation. And we have arrested more criminal aliens. We will continue to expand our approach to include the prosecution of anyone—including family members—that pay the traffickers especially when it involves children under the age of 18.
[Home and Away: DHS and the Threats to America, Remarks delivered by Secretary Kelly at George Washington University Center for Cyber and Homeland Security, by John Kelly, Speech, DHS.gov, April 17, 2017]

However, catch-and-release remains, as I have pointed out in two articles on VDare.  First, DHS components arrested illegal aliens in Santa Cruz, CA, in a massive raid on illegal alien gangmembers, but immediately released many of the arrestees.

This is interesting for its own sake, but also depressing for immigration patriots. The HSI spokesman just admitted that HSI is not following instructions from the President and DHS Secretary John Kelly that “catch and release” of illegal aliens has ended.
[Sedition In Santa Cruz: Arrest Treason Cops Vogel, Flippo!, by Federale, VDare, March 19, 2017]

And I noted the release of illegal alien political activists and an illegal alien gangbanger in Oregon. [DHS Goes Full #Cuck On The Obama Regime Administrative Amnesty, by Federale, Federale Blog, March 30, 2017]

Then Kelly tells DHS employees that they will enforce the law and not apologize for it.

We will never apologize for enforcing and upholding the law.
We will never apologize for carrying out our mission.
We will never apologize for making our country more secure.
We ask for nothing more than respect and your support. We don’t do this for the thank yous—we do this keep America strong, secure, and free.
We live in a dangerous world. Those dangers are increasing, and changing speed and direction every single day.
But every day, we are vigilant. We are prepared. And we will do our jobs.

But Kelly the next day ordered DHS employees to effectively apologize for doing their job and release an illegal alien, give him a year of relief and employment authorization, effectively rewarding this illegal alien with eventual citizenship.  That's not doing our job.

A Mexican man backed by New Jersey's two U.S. senators in his battle to avoid deportation after living illegally in the United States for 26 years won a one-year reprieve on Tuesday, the government said.
Catalino Guerrero, a 59-year-old grandfather from Union City, New Jersey, who has also received the backing of Catholic and other religious leaders, was granted a stay of removal for one year, a spokesman for the U.S. Immigration and Customs Enforcement said.
U.S. Senators Bob Menendez and Corey Booker, both New Jersey Democrats, became directly involved on behalf of Guerrero, who got caught up in the government's intensified deportation efforts after President Donald Trump took office in January.They hailed the decision by ICE to delay Guerrero's deportation, which his lawyer has said would enable him to apply for a visa and then for permanent residency.
[Mexican Man, Backed By New Jersey Senators, Wins Deportation Reprieve, Reuters, April 18, 2017]

John Kelly is a Deep State infiltrator and saboteur of immigration enforcement.  He talks the talk, but does not walk the walk.


Immigration enforcement is looking to be a big fight between AG Sessions and Kelly.  Time will tell.


Tuesday, April 18, 2017

Immigration Courts Swamped By Obama Amnesty, Lying Press Tries To Blame Trump Crackdown

The Lying Press has again discovered that the administrative law courts of the Executive Office For Immigration Review (EOIR) are overburdened by hundreds of thousands of cases, many from the Obama Regime Amnesty for fake refugees from Central America.  They immediately then try and blame the crackdown on illegal immigration under President Trump.  The same report then describes what is going on in the courts, which turns out to be another amnesty being run by the kritarchs in the EOIR courts, something this writer has warned about several times.

Coast to coast, immigration judges, prosecutors and defense attorneys are straining to decipher how the federal immigration rules released in February by the Trump administration will impact the system — amid an already burgeoning backlog of existing cases.
The new guidelines, part of President Trump's campaign promise to crack down on illegal immigration,  give enforcement agents greater rein to deport immigrants without hearings and detain those who entered the country without permission.
But that ambitious policy shift faces a tough hurdle: an immigration court system already juggling more than a half-million cases and ill-equipped to take on thousands more.
“We're at critical mass,” said Linda Brandmiller, a San Antonio immigration attorney who works with juveniles. “There isn’t an empty courtroom. We don’t have enough judges. You can say you’re going to prosecute more people, but from a practical perspective, how do you make that happen?”
[Trump's New Rules Could Swamp Already Backlogged Immigration Courts, by Rick Jervis, Alan Gomez and Gustavo Solis, USA TODAY, April 17, 217]

The reason for the problem of a court backlog is so much in the numbers of illegal aliens in the EOIR system, but the fact that immigration judges are not doing their job.  Instead of holding hearings and making decisions, the article inadvertently reveals that immigration judges spend their days rescheduling hearings for illegal aliens.

One immigration judge refuses to hold hearings for the recipients of the Obama Children's Jihad on the border.  He just continually reschedules hearing for fraudulent asylum claims.

In San Antonio, an immigration judge breezes through more than 20 juvenile cases a day, warning those in the packed courtroom to show up at their next hearing — or risk deportation.

In Miami, a kritarch doesn't like the hard work of making decisions and reschedules an obvious case for deportation as there is no legal avenue for relief:

In another courtroom, Judge Rico Sogocio rescheduled until September the hearing of a young Haitian man to give him time to find an attorney. Through a Creole translator, the man asked the judge what would happen if he gets picked up by enforcement agents before then.

In San Antonio two immigration judges do no work other than reschedule cases.

On a recent afternoon, Judge Anibal Martinez heard case after case of juvenile immigrants seeking asylum. They were from Honduras, Ecuador, Guatemala, Mexico.
Martinez smiled at the youngsters and, through an interpreter, thanked them for their patience. Of the 25 juveniles listed on the docket, just four had legal representation. About half of the kids didn’t show up.
“You’ve been excellent in bringing your daughter to court today,” the judge told one woman. “But if she misses the next hearing, I may order her removal in absentia. Whether or not you have an attorney, you must show up.” The mom nodded in agreement.

Anibal Martinez thinks her job is not to review the law and apply it to aliens, but reschedule hearings in an effort to give illegal aliens a stronger claim to residency by endless delays, then claim that they've been here so long they have become "Americans."

And:

A floor below Martinez, in Courtroom 4, Judge Daniel Santander called adult cases until all 20 had been heard in the course of a morning. He spent just a few minutes on each; most were rescheduled for later dates.

And the ubiquitous Dana Leigh Marks, union representative for immigration judges, wants more money rather than having to actually work:

Meanwhile, the cases mount. The backlog at immigration courts has spiked over the past decade as resources poured into immigration enforcement, said Judge Dana Leigh Marks, president of the National Association of Immigration Judges...
“There is concern and frustration” among the judges about the latest guidelines, Marks said. “The people in the field are feeling very disconnected from the decision-makers and are not aware of much, if any, of the specifics of how these broad, aspirational goals will be implemented.”

Marks is clearly upset she may have to start denying the fraudulent claims of illegal aliens and start actually doing her job of ordering deportations, because she wants to run her own amnesty rather than follow the orders of the President or the Attorney General.

However, there is a solution.  Immigration judges are employees of the Executive Branch and are under the discipline of the Attorney General.  AG Jeff Sessions can take immediate action, instructing judges to ignore requests for postponing hearings and immediately hear the cases and make decisions. And it has been done before, as this writer reported in 2014.[This Is Not The First Border Crisis. No New Laws Needed—Reagan Administration Did Fine in 1988, by Federale, VDare, July 17, 2014] All it takes is AG Sessions giving orders to the Chief Immigration Judge to subordinate immigration judges to expeditiously hear cases and to only reschedule cases with the concurrence of the Chief Immigration Judge.  Immigration judges think they are real judges, but they aren't. They are under adult supervision.

Time for AG Sessions to enforce that supervision, force immigration judges to do the work that is assigned to them, and see that the immigration laws are enforced.







Monday, April 17, 2017

Major Victory, Expedited Removal Upheld For Bogus Asylum Claims

In a major, and precedent, decision, the Supreme Court of the United States (SCOTUS) has ruled in an appeal by fraudulent asylum applicants from the Central American surge of 2014 that the proceedings those aliens receive are non-reviewable by the courts!  This ruling is the first major decision in the area of asylum and Expedited Removal for SCOTUS.

The U.S. Supreme Court sidestepped a turbulent debate over illegal immigration on Monday, turning away an appeal by a group of asylum-seeking Central American women and their children who aimed to clarify the constitutional rights of people who the government has prioritized for deportation.
The families, 28 women and 33 children ages 2 to 17 from El Salvador, Honduras and Guatemala, had hoped the justices would overturn a lower court's ruling preventing them from having their expedited removal orders reviewed by a federal judge.
That Philadelphia-based court said the status of the families, all apprehended in Texas and later held in Pennsylvania, was akin to non-citizens who are denied entry at the border and they were not entitled to a court hearing to challenge that decision.
[U.S. Top Court Leaves Intact Ruling Against Central America Asylum Seekers, by Andrew Chung, Reuters, April 17, 2017]

This decision has implications for the Executive Orders on refugees that are currently stayed by radical left-wing judges who do not either understand the law or just don't care about the law, wanting to rule this nation as kritarchs.  This opens the way to the full implementation of Expedited Removal and its expansion.  Only Expedited Removal can unclog the immigration courts.  The implication of the decision is that arriving and illegal aliens have no more due process rights than that given to them by Congress.

"Congress may, consonant with the Constitution, deny habeas review in federal court of claims relating to an alien's application for admission to the country, at least as to aliens who have been denied initial entry or who, like petitioners, were apprehended very near the border and, essentially, immediately after surreptitious entry into the country," the Third Circuit Court of Appeals in Philadelphia previously concluded.
[Supreme Court Rejects Appeal For Latin American Refugees Seeking U.S. Asylum, by Doug Ware, UPI, April 17, 2017]

The lower court ruling could not be better for the United States.  The decision recognizes that Congress exclusively makes laws regarding aliens and their entry or bar from the United States.

Left-wing activist groups were stunned, and left sputtering that President Trump cannot do what that court just said he could do.

"These families cannot be sent back to certain danger," Margaret Huang, executive director of Amnesty International USA, said in a statement. "The United States has an international obligation to grant asylum seekers a fair hearing. They must not be deported, or detained any longer, and must have their full cases heard by an immigration judge."
"It is alarming that the Supreme Court has passed on the opportunity to correct this deeply flawed ruling which denies due process to mothers and children who are seeking this country's protection," Eleanor Acer, senior director of refugee protection at Human Rights First, said Monday. "These families, who have sadly been held in immigration detention for over a year after requesting this country's protection, face dire risks of danger in their home countries. The United States should not return these families to danger.

The ACLU's derangement was most amusing, claiming that the asylum fraudsters, all illegal aliens, could not be treated as non-citizens,which is the very definition of alienage.

The ACLU, which represented 28 single mothers and 33 children in the case, rejected the logic of the lower court's decision, saying migrants who cross the border "cannot be treated as non-citizens arriving at the border and thereby denied constitutional rights, particularly habeas corpus rights."

Well, ACLU, you're wrong.  Aliens may be denied due process and habeas corpus rights.  The Supreme Court rejected your claims and left the deportation orders to be enforced.  The only issue is to expand this to all aliens illegally in the United States and restrict due process and habeas rights to those aliens admitted for long-term residence as legal permanent residents.  This will free up the immigration courts from a backlog of hundreds of thousands of scheduled hearings for those aliens who are in the United States illegally.  Let the immigration courts concentrate on cases involving legal permanent residents and let Expedited Removal deal with the millions of illegal aliens in teh United States.

This is some great news among much bad news of late.  It lays the basis for solving the illegal immigration problem by deportation, the only reasonable solution.