December 07, 2004

“Go West, Criminal Alien!”—Ninth Circuit Appeals Court

By Juan Mann

Warning to Arizona, California and the West:  Brace yourselves for an invasion of deported criminal aliens.

Why? Because three judges from the notorious federal Ninth Circuit Court of Appeals, [Judges Dorothy W. Nelson, Stephen Reinhardt, and Sidney R. Thomas, who wrote the decision] , have taken it upon themselves last month to strike down the perfectly good federal "reinstatement of removal" regulations of 8 C.F.R. section 241.8—enacted fair and square by Attorney General Janet Reno under the authority of Immigration Act section 241(a)(5).

These regulations ensured that, when previously-deported aliens who reentered the U.S. illegally were caught again on American soil, they would be summarily removed. (Morales-Izquierdo v. Ashcroft, November 18, 2004—the case of a twice-deported illegal alien who came back uninvited a third time [PDF]).

Previously deported aliens include those who have already been convicted of the most serious crimes possible—aggravated felonies – and are already barred for life from ever entering the U.S. again.

Here’s who they are: previously deported convicted murderers, previously deported rapists, robbers, burglars, drug-traffickers, alien smugglers, cop-killers, any convicted domestic violence offender, any deported illegal alien who turns around and comes right back into the U.S. illegally, as well as other assorted criminal aliens.

Stories of crime victims and the incredible devastation left in the wake of this marauding horde are chronicled at Brenda Walker’s Immigration's Human Cost web site.

Now, thanks to the Ninth Circuit, instead of being removed without going through the entire Immigration Court process again, these lucky illegals will again have full access again to all the "rights" the federal litigation bureaucracy has to offer…even the chance of being released during the process!

Fortunately, this ruling only applies in the eight states under the Ninth Circuit's jurisdiction—Arizona, California, Oregon, Washington, Idaho, Montana, Alaska and Hawaii.

In contrast, the First Circuit Court of Appeals, covering New England, has already upheld the federal regulations

Court-watchers can read the decisions and ponder the mind-boggling difference in reasoning between the Ninth Circuit and the First Circuit on the very same issue.

But for now, the Ninth’s decision means that its states will become, not only the illegal alien entry point of choice, but also a preferred illegal alien destination and a magnet for criminal aliens. 

For the previously deported alien, why take the chance in other states of being quickly removed by immigration officers under existing “reinstatement of removal” regulations—no matter how remote that may be? 

Why not go West and take full advantage of the alien-friendly Ninth Circuit jurisdiction? These luckless eight states are now uniquely compelled to bestow the cornucopia of benefits available through the candy store-like Immigration Court hearing system of Justice Department's Executive Office for Immigration Review (EOIR)

An astute VDARE.COM reader emailed me the decision the day after it was published, and predicted dire consequences for the already anemic detention capabilities of the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division:

"This is a devastating decision by pot-smoking 9th Circuit that will throw ICE into an absolute shambles.

“Think: 23,000 detention beds already full, and now all of these prison cases and other assorted illegals - including those in prison for illegal reentry - are now entitled to full hearings in EOIR all over again regardless of the number of removals!  All the prison cases that come out who would normally be quickly deported now to have to be detained and go through full [EOIR] hearings.

“And no longer are prior deport [aliens] "mandatory detention.”  It's yet another incentive to renter illegally, particularly for those who would have to go through consular processing for a benefit.  Now they can reenter like any other EWI [aliens entering without inspection] and seek a benefit before an immigration judge.

“I wonder - a little bitterness by the Ninth Circuit as a result of the election?"

You sure called that right!

With the stroke of its unelected pen, the same federal appellate court that declared "under God" in the pledge of allegiance to be "unconstitutional" has established itself as the Treason Lobby tribunal.

The Ninth Circuit long ago declared war against the ability of Congress and the Attorney General to make laws and set policy.  With Morales-Izquierdo, the Ninth Circuit has jumped in with both feet into the Treason Lobby's crusade against even the most minimal forms of federal immigration law enforcement.

The Treason Lobby—also nicknamed the Open Borders Lobby or “OBL” by Michelle Malkin—has served notice that it will stop at nothing to protect the "rights" of everyone but American citizens and law-abiding legal residents and property-owners.

Consider how far gone the Treason Lobby has gone in championing the immigration-related "rights" of ever-increasing classes of foreign nationals:

So when deported ex-cons quietly begin taking up residence again in the U.S. and wreaking the havoc that comes so naturally to them, the citizens of the American West will know who to thank.

The trail of blood will lead to the Treason Lobby-friendly judges of the Ninth Circuit—as well as the contributors and henchmen of the American Immigration Law Foundation (AILF), the legal arm of the American Immigration Lawyers Association (AILA).

The Bush Administration can and must seek review of this decision.

The Ninth Circuit sitting en banc, or if necessary the U.S. Supreme Court, must be persuaded to overturn this madness.