Deportation System Broke – Treason Lobby Against Fixing It.
As long as the so-called
“debate” on immigration is confined to technical
“securing the border,” and whether or not the
Bush Administration`s plan to give work authorization
and non-immigrant visas to illegal aliens is
really an “amnesty” . . . the
Treason Lobby will be just happy as a clam.
Why? Because they`re confident that
federal courts and the
federal immigration bureaucracy will sabotage any
real effort to deport illegal aliens and criminal
An example from the federal court
front: I recently
reported on how three black-robed individuals from
the notorious federal Ninth Circuit Court of
Appeals—Judges Dorothy W. Nelson,
Stephen Reinhardt and Sidney R. Thomas—struck
down federal "reinstatement of removal"
regulations in the
eight states under their jurisdiction: Arizona,
California, Oregon, Washington, Idaho, Montana, Alaska
and Hawaii. [Morales-Izquierdo v. Ashcroft,
November 18, 2004 —PDF]
This case involved a twice-deported
illegal alien who came back uninvited a third
time and wanted to file an application for adjustment of
status to permanent residence because of his marriage to
a U.S. citizen.
The reinstatement regulations—which
fortunately remain in effect in the 42 states fortunate
enough not to be within reach of the Ninth
Circuit—ensured that, when previously-deported aliens
reentered the U.S. illegally were caught, they would
be summarily removed. They would not be allowed to
escape into the bureaucratic litigation swamp of the of
the Justice Department`s
EOIR Immigration Court system.
Summary removal procedures—like
section 235(b), and the reinstatement of removal
authority under Immigration Act section 241(a)(5)—are
the bane of the Treason Lobby.
But summary removal is also the key
to any real immigration reform.
whistleblower sent me these comments on the fallout
from the Ninth Circuit`s decision:
have no idea of the havoc this has created, at least in
my office. Everything has to be dropped every day to
reprocess tons of prison releases
[convicted illegal alien
criminals who have completed their state or federal
sentences] so that they get their little day
in [EOIR Immigration]
think the 9th is really pissed off that we have been
arresting unsuspecting prior deports when they saunter
in for their adjustment interview, and summarily remove
them, forcing them to go through consular processing if
they want to immigrate.
9th also issued an equally devastating decision in
Castro-Cortez v. INS [PDF] where
they arrogantly said that reinstatements [i.e. of prior
orders of removal] were illegal if the alien entered the
U.S. prior to 4/1/97….[the] case dealt with an
alien who waltzed in [to a
USCIS office] for adjustment and was reinstated .
course, don`t forget that these decisions are abundantly
most profitable for
AILA [the American Immigration Lawyers
Association] and immigration attorneys, who can once
again pursue adjustments of status for their clients
rather than having their client promptly removed.”
My correspondent noted that in
Castro-Cortez the 9th Circuit effectively
upheld the legality of reinstatement for aliens who
entered the U.S. after 4/1/97—only to overthrow it later
The important legal distinction:
Morales-Izquierdo was announced after the 2004
As author and policy analyst
James R. Edwards said recently about judicial
meddling in immigration policy:
“Activist judges arrogate power to themselves,
second-guessing elected legislators. The tools developed
to invent new `rights` for criminals, evict all
semblance of the Founders` Christian civic religion and
legalize the murder of the unborn are now used to set
immigration policies from the bench.
“Activist judges would start serving the public good if
they would respect Congress` broad power to set
immigration policies and defer to the political
process. Judicial muggings of the processes of
self-government only feed frustration, while stoking the
public`s ire toward immigrants.”
Enemies on the Bench,” Human
Events, Dec 23, 2004]
Talk about the public`s ire . . .
how about letting previously-deported criminal aliens
enter the U.S. again and demand a
It really happens. Though illegal
aliens can be barred from adjusting status for other
“aggravated felons” can and do file for
“green cards” as a matter of routine.
So as long as the EOIR and the
federal courts have their fingers in the immigration
pie, there`s really not much to stop illegal aliens from
getting some type of legal status somehow . . . as long
as they keep coming back to try their hand with the
federal immigration bureaucracy.
That`s the way the Treason Lobby