Thursday, July 27, 2017

The Sessions Conundrum

Early on in the Trump Administration it appeared that the division on the immigration issue would be between the disappointing John Kelly, who isn't a Jumpin' Joe Swing, and Jefferson "No DACA" Sessions.  And I stand by that. But no so much as to be uncritical of the Attorney General.  There are real problems with his performance as AG.  Sessions' recusal was unnecessary and, worse yet, a major blunder. Kudos to the one of the last conservatives at #NRO, along with the surprisingly red-pilled Victor Davis Hanson.

Well I stand by that, but consider this my limited, modified, walk-back.  Attorney General Jefferson Beauregard Sessions III has, as Ricky Ricardo said, some 'splaining to do.  So far, Sessions hasn't reigned in the Department of Justice employees at the Executive Office for Immigration Review (EOIR), the immigration "courts," an administrative creation without the authority of legislation, who are running their own illegal administrative amnesty for certain illegal aliens.  [Impeach Judges For Interfering With Immigration Enforcement—Abolish the EOIR! The Case Keeps Strengthening, by Federale, VDare, July 22, 2017]  He also has failed to prosecute State judges like Monica Herranz who aid the escape of illegal aliens.  [Mexican Kritarch Sham Investigation, by Federale, Federale Blog, June 23, 2017]

Right on cue, considering the problems Sessions is having with the President, is yet another example of the kritarchs in the EOIR again violating the law, sabotaging immigration law enforcement, and acting outside their legal authority.

Heretic, Scofflaw, And Illegal Alien Nury Chavarria

Hundreds of immigrant rights activists took to the streets of Fair Haven to celebrate — rather than protest as planned — after a 43-year-old woman taking sanctuary in a neighborhood church won a stay allowing her to remain in the country.
The news meant that Nury Chavarria could leave Iglesia de Dios Pentecostal, where she took up residence last week. Last Thursday she disobeyed an order from U.S. Immigration and Customs Enforcement (ICE) and skipped a flight back to Guatemala, occupying with her 9-year-old daughter a back room of the “sanctuary” house of worship.
[Immigrant Mom Who Took Refuge In A Church Can Go Home, By Markeshia Ricks, The CT Mirror, July 26, 2017]

Despite a lawful order for her deportation, an Immigration Judge at the EOIR decided otherwise, outside of the law.

Chavarria’s attorneys won the stay at around 2 p.m. in U.S. Immigration Court in Hartford. Immigration and Customs Enforcement (ICE) then agreed not to seek custody of her...
One of her attorneys, Marisol Orihuela, described how her team filed two motions: an emergency motion for a stay of deportation and a motion to reopen her case based on new evidence.
“He story was so compelling that only one hour after filing, immigration granted her motion for a stay,” said Orihuela, a Yale Law School clinical associate professor affiliated with the school’s Worker and Immigrant Rights Advocacy Clinic.

Other than political agitation, there was no reason, compelling or otherwise, to reopen her deportation case.  She had the opportunity to file appeals, which she did not do, when she was ordered deported. She ignored that order for years, then after more years in the United States under sufferage, she lied to U.S. Immigration and Customs Enforcement (ICE) when she agreed to leave voluntarily in lieu of forcible deportation.

She claims God was her attorney.  No, it was a lawless Immigration Judge acting illegally, more Satanic than Godly, as all lawful political authority is rooted in the natural law and comes from God.  And that Immigration Judge remains despite his or her lawlessness.  And it is directly the fault of Attorney General Sessions.  Despite his bluster about enforcing immigration law, he allows his subordinates to act unlawfully to protect illegal aliens who defy deportation orders.

AG Sessions can end this lawlessness immediately, but he refuses.  He can order the Immigration Judge concerned, one of these three: Daniel A. Morris, Michael W. Straus, or Philip Verrillo to reverse themselves, and to stop interfering with the lawful administration of deportation orders.  But he has not.  We are supposed to believe that Sessions is immigration hardliner, but repeatedly he failed to take the action well within his authority.  Why?  Is this another case of Boob Bait For Bubbas?  I am beginning to think that Sessions is all talk and no action.  If he wants our support, he has to start taking control of the Department of Justice, including the EOIR!  Time for him to administratively abolish the EOIR and replace it with the predecessor administrative body, the Special Inquiry Officers, who were experienced adjudicators and inspectors who reviewed appeals by aliens, and quickly and efficiently made decisions, mostly because they were not attorneys but immigration officers who had field experience with aliens, the law, and the inspection, arrest, and adjudication process.  We expected more from Jeff Sessions, time for him to measure up and walk the walk.

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