Deportation System Broke – Treason Lobby Against Fixing It.

As long as the so-called
on immigration is confined to technical
issues like

“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
fellow-travelers in

, the

federal courts
and the

federal immigration bureaucracy
will sabotage any
real effort to deport illegal aliens and criminal
alien residents.

An example from the federal court
front: I recently

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
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

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

Immigration Court system.

As I`ve

before, it`s just

never over
until the

alien wins

Summary removal procedures—like
Immigration Act

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.


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
[EOIR Immigration]

“Yep, I
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

office] for adjustment and was reinstated .
. .

course, don`t forget that these decisions are abundantly
most profitable for

[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
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
in Morales-Izquierdo.

The important legal distinction:
Morales-Izquierdo was announced after the 2004
Presidential election.

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
, Dec 23, 2004]

Talk about the public`s ire . . .
how about letting previously-deported criminal aliens
enter the U.S. again and demand a

"green card"

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
wants it.

Juan Mann [send him
] is a lawyer and the proprietor of