American immigration lawyers are on the make again. The next volley in their campaign for amnesty, and, more importantly, massive federal funding for immigration lawyers, has been fired on the ILW website. http://www.ilw.com/articles/2009,0318-dobkin.shtm
This is a little more subtle than their last effort, an administrative amnesty for illegal aliens based on executive orders and the parole authority of the executivie branch. While more subtle, it is contradictory to their first effort based on executive action and bypassing of Congress. In this effort, the treason lobby wants to end, or more precisely, give full judicial review to all administrative actions and rule-making by the executive. At first it seems to be an attack on the administrative state by a paleo-con. An unending critique of exectutive orders, regulations, and the legion of officials in the bureaucracy made necessary by the expansion of the federal government. Though not far in you see them blaming, of all people, Ronaldus Maximus, for the growth of the federal government and its administrative rule-making. There are minor references to the New Deal and nothing about the worst president in American history, Lyndon Baines Johnson or the crook from Missouri, Harry Truman. Not much mention of the legion of morons who gave us an Agriculture Department that was destroying food while Americans were at the nearest point to starvation in our history. But it is Reagan who is responsible for James Burnham's Mangerial State.
But to what point? Well, they want administrative judges, including immigration judges, to be give status as real judges, apointed for life and responsible to no adult supervision. Say what you want about Jorge Bush and his Mexican Amnesty fetish, at least Attorney General John Ashcroft saw the problem with the out of control bureaucracy in the Executive Office for Immigration Reveiw. Now, first, one must know that the hearing officers who hear immigration cases are not real judges, or even administrative law judges. They are just executive branch employees who are supposed to be supervised in their work. They even have a union. But they yearn to be real judges and unsupervised. Ashcroft started to reign them in, as well as their "appeal court," the Board of Immigration Appeals (BIA). He cut the number of BIA members, ordered them to work harder, and ended committees of members who pretended to be appelate judges. The backlog of BIA appeals by aliens was soon cleared and wasteful appelate hearings ended with single members of the BIA reviewing decisions by hearing officers.
This put the treason lobby of the immigration bar in a tizzy and they, of course, started clogging up the real courts with baseless appeals to judges who had no idea of immigration law and the principles that immigration law held, that the alien had no "right" to enter or remain, but did so at the pleasure of the laws Congress created.
Well, the immigration bar wants to start using the courts for its own purposes, and the best way is an independent judicial arm to do to immigration what the Warren Court did for the criminal class; Blow the door wide open and free the hearing officers from adult supervision, make them judges in a new court system with lifetime tenure and no supervisors. Of course, the immigration bar/treason bar believes that these new judges will begin to ignore the law as written and launch their own long march through the immigration system, making the removal of any alien an impossibility. To them, any regulation that placed any restriction on any alien was a travesty and a violation of the Constitution and the law. Of course, they make their arguement so reasonable and use only the Immigration and Naturalization Service/U.S. Citizenship and Immigration Services interpretation of an obscure section of the immigration law dealing with aliens who come to the U.S. as legal permanent residents (LPR) based on their extraordinary skills in business, the arts, and sports. Basically people like Rupert Murdoch, superstar athletes like Pele, actors like Russell Crow, and writers like Salman Rushdie, peole who did not need a sponsor to immigrate, but could by their very nature and wealth sponsor themselves. The attorneys are angry that the INS/USCIS made efforts to prevent fraud by requiring those who sought the special immigrant visas to prove that they were of extraordinary ability and accomplishment, because, as always, there was quite alot of fraud at the begining. Instead of Barishnakov, we got strippers, or instead of some great artist, we got basket weavers, etc.
Now the immgration bar thought that this violated important Constitutional principles. In a way they are right, Congress has abdicated its responsibilities in legislation by giving rule making authority to agencies and decided to spend its hard working days bringing bridges to nowhere to their districts and states, but they don't really go to the logical end: that rule-making is unconstitutional, but that there should be a parellel court system of lifetime judges to watch the rulemaking authority, separate from the current Article III court system, but secretly dedicated to bringing as many aliens to the U.S. as possible. A true definition of a fifth column, with apoligies to General Franco, if there ever was one.